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1985-09-18 Council Packet
Kenai City Council Meeting Packet September 18, 1985 AGENDA KENAI CITY COUNCIL - REGULAR MEETING; $opt, 18, 1985 - 7100 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda *All items listed with an asterisk (") are considered to bo routine and non-controvaraial by the Council and will be rpproved by one motion. There will be no separate disounslon of these Items unless a Council member so requests, in which case the item will be removed from the Consent Agends and eonnidered In its normal acquenee on the agenda as part of the (General Orders. OeQ� 9 } S, PERSONS PRESENT SCHEDULED 1O BE HEARD Qio9��(Time Limit - 10 minutes per person) �.0, C. PUBLIC HEARINGS ,4,p •r 1. Ord. 1086-85 - Incress. Rev/Appns - Part Time Employes, Police Dept, - $9,428 2. Ord, 1087-85 - Incress. Rev/Appno - Airport Master Plan Update - $75,000 1 Res. 85-70 - Adopt City Atlas an Official Street -Naming Guide Rea. 85-86 - Repealing Res, 85-69 6 Accepting State Grant for Road Improvements - $2,500,000 S, Res, 85-88 - Declaring Equip. Surplus 6. Res. 8541 - Requesting Municipal Aosietanee Funding From State 7. Res. 85-92 - Transf. of funds - Senior Employment Physical Exams - $120 8, a. Res. 85-95 Tronsf, of Funds - Police Addta. - $3,000 b. Approval of Adding $3,000 - Inspection Contract, ,EPJ• `1Police Station Addtn. & Renovation D, MINUTES 1. 'Rog. Meeting, Sept. 4, 1985 E, CORRESPONDENCE 1. Gov, Sheffield - Capitol Projects 2. *Son. Fischer - CSSB-27 - Grants to Municipalities 3. •ADEC - Grants to Municipalities - Water, Serer, Solid Waste Facilities 4. 1st Notl. Bank, Anch. - Credit Needs of Area 5. Vets Center - Res. 65-72 f. OLD BUSINESS 1. Highbueb/Dumblebue Conotruetion Report 0. NEW BUSINESS 1, Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ord. 1088-85 - Inereas. Rev/Appns - State Grants, Library - $20,000 4. Assign, of Lease - New Pines to Pace Corp. 5. Assign, of Lease - Fletcher, Kenai Theatre Ent. to LENT Alaska - Lot 12, Aloyesks S/D 6. Assign. of Lease Kenai Theatre Ent, to TEMT Alaska - Lot 9, Aleyesks 5/0 7. Assign. of Lease - Langston to Jackson - Airport Terminal Counter Space S. Leoce Aepl, - Jaekoon - CIIAP a ~ � I 'u 'r f� I 9. Ext. of Const. Sche ule - Swenor/Roberta - Baron Pk. 9 10. Vacation - Caro S/0, S. Amoo Rd. I� H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk' 5. finance Director 6. Planning 6 Zoning 7. Harbor Commission - 8. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD - (Time Limit - 5 minutes per person) ADJOURNMENT I gb ter',^Noe,\\-I -I-^. a"in y� I /I •A .nY I rill COUNCIL MEETING OF o ■ y i t ci + • I 1 r - 9 � i Ir 1 A. -il SEPTEMBER 18, 1985 INFORMATION ITEMS 1 - Alaska DEC - Public Hearing Allowing Farmers to Landspread Treated Sludge, Oct, 1, 1985 2 - Library Commission Report 3 - Billing, Zubeck Inc. - Sprucewood Glen S/D LID - $8,993.55 4 - Billing, Zubeck Inc. - MAP Project - $323,014.65 5 - Billing; Wince, Corthell, Bryson - Standard Rd., Richfield - $6,488.40 6 - Memo, Engineer LaShot - Airport Main Apron 7 - Billing, Central Alaska Construction - Standard Dr., Thompson Place - $19,595.10 8 - Billing, M. Tauriainen - Airport Main Apron Ext. - $259418.00 9 - Billing, Kodiak Const. - Airport Main Apron Ext. - $272,388.54 10 - KPB Agenda - Sept. 179 1985 11 - Billing, McLane & Assoc. - MAP Project - $9,345.00 12 - Hall Bldrs. - Purchase of Property, Baron Pk. S/D 13 - Library Report, Aug. 1985 14 - New Lease, Canady - Shore Fishery Plat 15 - New Lease, Meehan - Shore Fishery Plat 16 - Billing, C. Gintoli Architect - Police Dept. Addtn. - $6,174.33 17 - Memo, Land Manager Ernst - Meeting with FAA re/Airport Master Plan, Float Plane Facility 18 - Memo, Atty. Rogers - Church/Paxton Lease, Spur S/D (Bowling Alley) 19 - Alaska DOT - City Sign on Roadway jw � f s' i • I 1, a' �N 1 0 J v Suggested bys Administration CITY OF KENAI ORDINANCE NO. 1086-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $9,428 IN THE 1985-86 GENERAL FUND BUDGET TO HIRE A PART-TIME EMPLOYEE IN THE POLICE DEPARTMENT. WHEREAS, in 1985, Fair Labor Standards Act (FLSA) requirements were imposed upon municipalities, and, as a result, the City of Kenai changed the work t.,:ck of dispatchers from an average 42-hour week to a 40-hour week; and, WHEREAS, this shift change has reduced the hours available for general secretarial duties and for typing reports for the Court System; and, WHEREAS, since July 1, 19859 the Finance Department has loaned a secretary to the Police Department for an average of 15 hours per week; and, WHEREAS, this arrangement is unsatisfactory to both departments, and the City has determined that the public will be best served by appropriating sufficient monies to hire a 20-hour per week employee at "part-time 9" pay for the Police Department. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increases in estimated rovonues and appropriations be mades General Fund ncreasIng Estimated Revenuess Appropriation of Fund Balance S9.428 Increasing Appropriations: Police Salaries $7,614 " - Annual Leave 776 " - PERS 849 " - ESC 76 " - Worker's Compensation Insurance 65 " - Supplemental Retirement 48 $9,428 kill a - PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of September, 1985. M W GUN R, MA Ott ATTESTS Janet Whelanp City Clerk First Readings September 4, 1985 Second Readings September 18, 1985 Effective Dates September 18, 1965 Approved by Finances8/27/85 C,?Q j - 'I 1 .N li I I r' 1 0 0 /I MEMO TO$ William J. Brighton, City Manager FROM: Charles A. Brown, Finance Director N 54 DATE: August 22, 1985 SUBJECTS Staffing of Finance Department At the time that it became apparent that Lil Was going to retire, I mentioned to you that I might try to make the secretary/receptionist position in the Finance Department into a part-time position. Work was relatively slow at that time and I was looking for a way to save the City money, as long as the work was still getting done. I also said that I was not going to decrease the budget; I wanted to leave the option open of going back to a full-time position if it didn't work well. When Rick submitted his budget in Dispatch for the 1985-86 year, he requested a half-time secretary to act as clerk/receptionist. That request was denied. This, however, shows that he identified this need prior to knowledge of the dispatchers' shift change issue. Shortly after this, we found that we would either have to pay the dispatchers overtime for working over forty (40) hours per week, or change their shifts to four tens. The Police Chief said that four tens would be difficult without some additional secretarial help. At that point you remembered our previous conversation and asked if I could share my secretary with Dispatch. I agreed to try it. At this time, my secretary works three (3) hours per day in Dispatch (in secretarial work) and five (S) hours in Finance. Rick is getting fifteen (15) hours per week of secretarial help; but he lost twelve (12) hours per wsek with the Dispatchers'shift change (42 to 40 hour weeks). 1, of course, am losing fifteen (15) hours per week of help. I regret to say that this situation has not worked well. Finance work is not as up-to-date as it should be. Rick sees some problems with his arrangement as a permanent situation. And, frankly, it has been difficult for the employee. She works for at least two supervisors, and it's undoubtedly difficult to set priorities for two jobs. My conclusion is that I made an error in believing that Finance could make do with a part-time secretary. I am viawing the situation as short-term. 6 � 1 I , I o y lid L t 4 � I I I I �I I J' Page 2 Let we point out that under my original proposal, this would be no problem. I would simply change my part-time position to full-time. But under the current situation, I now have another department involved. This was not intended when I originally discussed this with you. Rick is very capable of discussing his secretarial problems with you, so I am not going to go into that. My own problems involve a shortage of help staffing the front counter, answering the phone, filing, and other routine tasks. In short, I need to return to a full-time secretary. Let me throw some numbers at you. If we had left the dispatchers with the same shift and paid the overtime, it would have cost the City an additional $16,000 per year. So, that is the savings by using the current sharing arrangement. Rick can hire a 20-hour per week employee at a cost of 012,500 per year (all these figures include benefits). Rick tells as that a 20-hour per week employee meets his needs. In other words, given the two options identified in the fourth paragraph above, we would still save $3,500 per year hiring additional help than we would by paying the overtime. Obviously, what we are doing now appears to save even more, but at the cost of service to the public and our own efficiency. And, in fact, the apparent $16,000 of savings is substantially reduced by overtime in my department. Last year, for all of the year for all of Finance, we had $383 of overtime. At the rate we are going this year, we'll have a hard time staying within our $1,880 budget for overtime. In summary, I believe: 1) The current arrangement is not effective or efficient. 2) We can rectify the situation at a minimal cost, about $12,500 per year (less about $1,500 per year of excess overtime in my department). 3) The current situation is overworking one employee and is unfair to bar. It is bad for morale in my department. The cost to provide the half-time employee for Dispatch is about $9,539 for the rest of this fiscal year. I propose to submit an ordinance to Council at the Sept. 4 Council Meeting to appropriate these monies, along with a copy of this memo to explain the situation to Council. If this is not acceptable to you, please advise. ,Y J it i ^� TO: FROM: SUBJECT: DATE: William Brighton, City Manager Richard Ross, Chief of Police Police Department Clerical/Receptionist Re: 8/22/85 memorandum from Charles Brown August 26, 1985 This is to advise you of my concurrence with the memorandum from Charles Brown. The Police Department is in need of clerical/receptionist support, and the proposal suggested by Mr. Brown in his memorandum would remedy the situation. It would Increase the efficiency of both departments while reducing the overtime usage in Finance. The proposal would result in vary little increased cost to the city. Background and Justification During budget preparation in February, 1985, a request was submitted for a h time (20 hours per week) clerical/receptionist position which could be time shared with another department. It was determined no other department was requesting a position that could be shared and this requested budget item was deleted (re: budget worksheets). Justification for this position was to provide early morning clerical/receptionist coverage which would allow dispatch coverage to be reallocated later in the work day. In March, 1985, it was learned that a U.S. Supreme Court decision mandated a 40 hour work weak for dispatchers instead of the average 42 hours being worked. At this time a discussion was held in your office with myself and the Finance Director. Mr. Brown advised that he would loan 20 hours per week of clerical/receptionist coverage from his department beginning July 1, 1985. In the Interim April - June, overtime was paid to dispatchers based on the 42 hour work week. Effective July 1, their work week was reduced to 40 hours, a loss of 12 hours per week to the department. Initially the position was on loan for 20 hours per week (7-11 a.m. Monday - Friday) . The net gain to the Department, after the loss of the dispatcher hours. was 8 hours per week of clerical/receptionist coverage. Within a few weeks Mr. Brown advised that he would have to cut this back to 15 hours (8-11 a.m. Monday - Friday). This resulted in a severe backlog on routine clerical needs, late reports to court for daily arraignments, and considerable pressure on the person assigned. On 8/20/83 I not with Mr. Brown to discuss the problems we were having and to request that the hours available be increased back to 20 as originally scheduled. Mr. Brown advised that he could not do this. He outlined his corresponding problems and use of overtime to provide the hours that were presently being provided. Richard A. Ross _ Chief of Police cc: Charles Brown Finance Director F � r' 1, :u t .j4 V I Suggested bys Administration CITY OF KENAI ORDINANCE NO. 1087-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AMOUNT OF $750000 IN A NEW CAPITAL PROJECT FUND ENTITLED "AIRPORT MASTER PLAN UPDATE." WHEREAS, the U.S. Government (FAA) has awarded the City of Kenai a grant in the amount of $70#312, which represents 93.75% of costs, for an update to the Airport Master Plan; and, WHEREAS, the State of Alaska has indicated that they will participate in the project in the amount of $2,344, or 3.125% of the costs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increases in estimated revenues and appropriations be modes Airport Land S stem Increase Estimated Revenuers Appropriation of Fund Balance Z t Increase Appropriationss Airport Maintenance A Operations - Transfers Out - 2,33 4t Airport Nester Plan Update Capital Project Fund Increase Estimated Revenuess Federal Grant $70,312 State Grant 2,344 Transfer From Airport Land System 2 344 00 Increase Appropriations: Engineering Q0 1 i I rP r I _'..i PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of September, 1985. TOM WAGONERO MAYOR ATTEST: Janet Whelan, City Clerk Approved by Finances 8/29/85 First Readings September 4, 1985 Second Readings September 18, 1985 Effective Dates September 189 1985 E Suggested by$ Administration CITY OF KENAI RESOLUTION NO. 85-78 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING THE KENAI CITY ATLAS AS THE OFFICIAL STREET -NAMING GUIDE. :. ` WHEREAS, the City of Kenai has never adopted a comprehensive straot-naming plan which accurately acknowledges existing streets and indicates future roadways; and, WHEREAS, the Kenai City Atlas, recently prepared by a local consultent, provides such a street -naming guide; and, WHEREAS, it is desirable to adopt this Atlas for the purpose of clarifying street names and providing an official reference document for the City and Borough. i NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai City Atlas is hereby adopted as the official street -naming guide for the City of Kenai subject to incorporating the attached amendments. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th da of Se tember 1985 1 Y P . • Tom Wagoner, Mayor ATTEST: i+Janet WRelan, City Clerk 1 9/13/85 f i 1 NUAIRERED s TAeia: e Map No. First- Avsnut............. 5,12,13 First Street Second Avenue..��.���...�,,.. 5 Second Street ............................ 2 Third Avenue 5 ......... I .................. Third Street .... 2 ................... Fourth Avenue ............................ S Fourth Street ............................ 2 FIIth Avenue Fifteenth St; 0st................ 7 Map No. I i. Airport Drive 6,7 Akutan Circle (Future) Akutan 8treet (Future) 0........................... 2 �l�i141sflcj�.BN�:.f)u�G:. �.a.�� ....... 8 �................R!!�'.... 7,8 Alaska Avenue Alder Avenue Alder Court ............................ 5 Alesn� Wit► .................. 17 Alpine Avenue q.js:......................... 2 Ames..��.Q�........ 16,17 Angler Drive Ash Avenue Aspen Street ............................ 5 Altla Way Augustine Drive (Future) ............................ 2 Auk•Bireet- AVen"t, 14 4 vli r ON B NOTE: Existing street signs can show a mix of numbers and/or spellings for the same road, also because of name similarities, it is important for you to know If you are looking for a "STREET" or "AVENUE" before attempting field location. Map No. Backwood Avenue .............. 0............. 3 Baleen Avenue Banker Street ............................ 8 Bannlgan Circle (Future) ........................... 8 ara ................... .. 22 Barnacle .W13 ...... aY . ............... Baron Wood Court (Future) Basin View Drive ........................... 17 Beaver Loop 10 16.17 2! 22 23 $ee Bridge Access Road ........................ 13,14 Beech Avenue ............................ 5 Beluga Drive (Future) ............................ 7 Stroh Street ................ 5,12 Blarney Circle ............................ 8 Bluff -Street 13 Boat Launch. Road*........... 21 Bowpicker Lane Bridge Access Road ................... 13,14,21 Broad Street 13 .......................... Bumblebee Street ............................ 8 Bush Street (Future) 2 ........................... Bid ar Ka, a... . . . . /.:? 8 Map No. L California Avenue ............................ 2 Camel Circle •%them.( G/ ......................... 8 Candlelight Drive 8,15 ............... 0...... Caviar 8treet Cedar Drive ............................ 5 Channel Way ............................ 3 Cheryl Offset (Future) ............................ 5 Chlgntit Drive (Future) ............................ 4 Childs ..... Avenue ............ 14 .......... Chinook Street (Future) ........... I ................ 8 ChlnitnaCircle (Future) ......... 8 Chlnitna Place (Future) 8 ................. 0.......... Chinook Court 24 ........................ Chi......r� .................. 25 Cinderslia Lane Cindy Circle ............................ 5 Cindy Lane .................. 5 Clifford Street (Future) 8 ............................ Clipper Circle Cohos Avenue u413 .......................... �I C t • � I r t® A-LPHA8E71CAL• STREETS ..; Map No. Map No. echo* Court..., F ......12 Colonial D►Ivs Cook Drive 12,13 F.A.A. Road 13 Cook Inlet Vlew Driv Fathom Drive ............................... Copper Lone (Futiiro) Coral ".. ............... 12.13 Fern Street .................. it Cottonwood Circle 5 Fldalgo Avenue ......................... .......................... 13 Flr Driv. ......................... 1 ............................ 5 Crow Court .........,,.0.0............• 8 Fireweed Lone ........................... 18 Crystal Street (Future) 7 Florida AveM................. 2 Cub•Court•••••••••••••••••••••17 ........................... Forest Drive ..................... 5,12 Cypress Drlvo 5 Forget -Me -Not ........................... ....... .. .• Cas /s (ocwI.. '�► ... . ............... 18 « • Pox Avenue CN1G -)bv's'crlF................... 8 D Fro tape Rosd ............ .......... .... 13 Oay.dsdn Street ................ 8 Doan. Street. (Future) ........... 23 JOespwood Court ........................... 14 Oavroy Street 0000. 18 Dogwood Lana �pllh 18 .................. .... Dogwood Road ............... 11 Oolo00 A...Lano................. 17 Doll(► Varden Street Orao Not.Court................ 19 Drift Drive (Future) .............. 4 I' E Bathes Way ............................ s j giggle Roe Place ............. 18 Bagle street (Future) ........................... 10 alssnAower loans fI .......1.0................. 17 Binl Awnus qulnox. o Py .................. 3 ruin Street (Future) - , j ........................... 14 Everorsen Street 5 . ........................ 4. G O.A.A. Court GIII Street .........ItPtl7....... S ........... .....d4M...... 12 Glacier Street (Future) •............. 0........,...• 8 Golden Eagle Avenue ........................... 25 Granite Point Court ............................ 6 Granite Point .Street........... 6 ................ Grant Place 5 rJ WW41 H Matter Street ..... ............. 5 Harbor .. . .P ...................... 14 ............................ 4 Medley .Drive ........ 3 ................... Hemlock Avenue ............................ 5 Hlghbush.Lane ................. 8 Highland Avenue .............. 13 Homer Avenue (Future) ..,.... 192 Hutto Street 7 ........................... 7 Map No. Iltamns Road (Future) ............................ 2 Inlet Woods Drive ............................ 3 IOWi street .................... 17 XV IS Ct.�GIG J James Street ............................ 8 Jefferson Street ............................ 5 Juliuesen Street ................. 17 Juniper Court 19 Kaknu Way ..... I .............. 0....... 8 Kalifornski Bluoh Road........ 26 Kamishak Wet► (Future) ................ 4 Kenai Spur Highway 1,2.4.6.8,7,8.9,10.11.12,13.18.24.25 Kenaitze, Court ............ .... 24 Ketch Street Kiang Lan. ..................... 8 Kim-n-ana Court ........................... 17 King Salmon . Dive 25 .................. Kittlwak� Court ............... 25 Korpl Avenue (Future) Kulila Place Ki l�a�acr G� 415- L Lake Street ................... 13 Larch Avenue Laurel Drive .................... 5 Lawton Drive ............ 7,8,14,15 Leeward Drive ................. 3 Lonna Avenue (Future).......... 2 Lilco Plac......................... ... 2 a i A'I'01'uA QeT-0P-e t Map No. i.a ne- N• Linwood E�rtsntfon-- Llnv44h. PARo............... 8115 Lone Circle ................... 23 Lora Drive Lupine Drive to 18 Lupino ................ M4tth..... 18 Ill) Magic Avenue Main Stroll ................... 13 Main Street Loop .... 0.......... .......... 6,13 MORIS Drive .................... S Marathon Road ................. 7 Marino Drive ........................... 13 McArthur Drive (Future) 4 ............................ MoCell�rsn Oriv,�.............. 7,8 McCoy Street (Future) ............................ 2 McKinley $trost.��..�.�....... S Moonder Lago.................. 3 Mlnchumins Street (Future) .0.0........ 0.............. 1C Mink o... so*.. .................. 25 Mission Avenue 12913 Monroo Court Muir Avfnvo.................. 26 .... Muskrat Drive /bis�y Hs.rc�u L,enc � AMA) G'f' N atf Nevada Place ........................... 17 Nighthawk loans ............... 25 Nlkolll.Pisa* (Future).......... 13 ,)aom 10r7 .A• 14 I1 U Oak Avenue ................... s Obrisn Court 1 Map Robin ive ...0 ...................... 18 Ropers Road ............... 7,14 I Rose .Strut 18 Roy. W..aY.................... .... 8 Royal Street ............. 0.0........... 19 Pamela Court Raane Drive ........................... 14 ........................... 13 Park Street 8 9Wdy Lens. Y Pouts Street ........................... 14 Peninsula Drive ........................... 13 Penn Court .y.......................... 8 Saltno Court................... 12 Potersen WSY 12 Salmon Court Ph11i1ps.MtW.Or. ....�...... 11,18 Salmon....Run Drive ............. 26 Pine Avenue ................... 8 ..11..1.1...f1.11.1....111.. s ..1...111 Pine Circle..... , . �.. .. , g Pot. "mSanak� Avenue (Future)111....... 2 Pinoweod.Lana ( 8 �nd.Dollar Drive .......... 26 ............ o............... Pirates Lan* Sandpiper Lane ........................... 26 ........................... 18 Poplar Avenue' (future) 2 schooner. Court 26 ...1.......1......11111.111. ........... Poplar Circle s Solne Court 16 ............................ ........................... Portlock�street..............1 14 8snlor Curt .................. 13 Portsid* Drive 3 . Sot Not . Court 26 ......................... Primrose Place 17 18 Got Not Drive 26 ............. 0.......... , ........................... PrincessLone .................. 7 Seward Avenue (Future) . Ptarmldtan .... Strost (Future) 10 Shamrock Circle ... ................ ............................. 8 Shan* Court Shollkof 8treot (Futurej......,.. 8 10 .0................ Shell Drive (Future) ..........1................ 18 g Shiilelsh Circle (Future) No Listings ........ I...•.............1. 8 Shotgun Oriv�................. 10 RSilver Salmon Orive..1....... 24,25 Sllversmith Lano t► uture) ...... I ..................... 8 Rance Court Slikln Court (Future) ....... I................11. 18 ... 0.... 1................... 2 Raven Street (Future) Spruce $treat , .................. 5 Redoubt Avenue......,.. 2,3,4. 5 ............... $Ruth...... 12 Richfield Orivo............. 11118 Sprucewood Drive............. 13 Alobilold Drive ii-1...; ad Spur Drive (Future) " ............................ 2 Rldgdvisw Court�...�...�...., 2S Spur View Drive (Futuro) ...13 ........................ Rivervltw Orlye ............... 13 Standard Crivv ............. 11,18 Map No. Ot0 Cannery Road ........................ 19.20 Overland Avenue ................ 12,13 1-� 8 I J A L P H A 8 E T! C A L. s r R E F r s "Map `No,. •-- '.. ........, I Map No. Starichkof Drive (Future) TogiakPlace (Future) 4 ............................ . ........................ 5 Stselhsad�street.........��. Togiak.Road......... 8 10,11,17,18 Stellar Drive Toyon Way . 11 sterling Court,. Trading Bay Drive . .............. 14............................ 6 Strawberry Road Turnagaln Drive (Future) ...................... 0. 24,25 North ..................... 0...... 4 Tustumens. Street. (Future) ........................... 18 10 South Tutka Drive (Future) 0.......................... 24 ............................ 4 sunrise Way Tux�dnl Loop................... ... ........................ 26 4 Sunset Boulevard Twilight Way ............................ 1 ............................ 3 Swallow Drive ........................... 25 � Swires RotO U— Sycamore Circle ........................... 5 � Sycamore street 5 Upland, Drive i .r..................0....... ........................ 12,13 iWman& Cans 14 T v 1—Tanapa Avenue 12 V I.P. Drive ' �) ...0....................... - +Oreea street (Future) ........................... 26 8 Van Antwerp Street ............................ ........................... 14 Tern Avenue ' 13,14 Tern Place ........................... 18 Thompson Place ........................... Walker Lart.............. 7,13,14 ........ I Tinker Lane 8 .................... . Walnut Avenue a ............................ 5 .14,15 INDEX If End of section. e i i i Map No. Wsdaswood Orly• ..... �... 3 ................. Westwood Court ............................ 5 Wildross Avenue ........................... 17 Wild -wood Drive Willow street .....NPllb........ 6 ............... $ouch ...... 13 Windiamer Court Windward Drive ................ 3 Wolfs Street ........................... 18 Woo . . ded Glen Court 14 ....... ........... wood!ida Avenue 3 . ............... Worthamstr��t ............,.. 18 Wyattwe .r..................... 9 X-Y-Z No Listings Iry Suggested by: Administration CITY OF KENAI RESOLUTION NO. 85-86 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING RESOLUTION NO. 85-69, AND ACCEPTING GRANT NO. 8/86-306 IN THE AMOUNT OF $2,300,000 FOR ROAD IMPROVEMENTS. WHEREAS, the State of Alaska has offered the City of Kenai a grant in the amount of $2,300,000 for roads and projects; and, WHEREAS, the council, by Resolution No. 85-69, had designated that the City would use this money toward construction of a community center; and, WHEREAS, the State of Alaska has rejected that use of the monies, and is requiring that the City use the money toward road and road -related projects. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1s Resolution No. 85-69 be repealed. Section 2s The City accept the State of Alaska Grant No. 8 8 - in the amount of $2,300,000, and that the money be designated toward road and road related improvements. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th day of September, 1985. Tom Wagoner, Mayor ATTESTs anet Whelan, City Clerk �I 1 Approved by Finances 9/13/85 I { la • I i i. h I i I I,` Fri r, STANDARD AGREEMENT FORM FOR MUNICIPAL GRANTS This agreement is executed between the State of Alaska, Department of Administration (hereinafter called the "State"), and Kenai (hereinafter called the "Grantee"), WITNESSETH that: �,,.. Whereas, the Grantee is willing to undertake the performance of this grant under the terms of this agreement; Whereas, the municipality has the authority under the State law or local charter to provide the services for which funds were appropriated; Whereas, the State has the authority to enter into this agreement by AS 37.05.316; Whereas, funding for this grant lapses _ n lapse date X upon completion of the project; Whereas, the grant #8 86-306 of $2 300 000 is for the purpose of Roads and Pro ects (please provide fur eerr explanation and details in the space provided;; This grant is for road improvements for existing traveled transportation routes throughout the City and for new roads to open up new commercial, residential, and industrial zoned areas. Improvements could include, but are not limited to, water, sewer, street lighting, sidewalks, storm drainage, curbs and gutters, seeding, traffic control markings, signing, paving, parking areas, and other miscellaneous items. The general area for improvements would be within the City limits of the City of Kenai. Page 1 of 4 2/IF3/0626-01/193 Shell: 0626-01b Setup: 0626-018 Y- a Y . I k Suggested by: Administration CITY OF KENAI RESOLUTION NO. 85.69 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING GRANT NO. 8/86-306 IN THE AMOUNT OF $2,300,000 FROM THE STATE OF ALASKA FOR CONSTRUCTION OF A COMMUNITY CENTER. WHEREAS, the State of Alaska has offered the City of Kenai a grant in the amount of $2,300,000 for roads and projects; and WHEREAS, the City Council desires to spend the grant monies toward construction of a community center; and WHEREAS, the City estimates that the total cost of the Community Center project will be $4,045,000, as follows: Task Phase Cost Basic Building/furnishings 000 EastsSiteion 1 $2, Work 2 600,000 West Site Work 2 500,000 West Road to Site 2 110,000 TOTAL 14,045,000 WHEREAS, the City desires to begin construction of the Basic Building, with furnishings and inspection, at this time at an estimated cost of $29835,000; and WHEREAS, the City intends to request the balance of the project (Phase Two) from the State of Alaska next year. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the City accept the State of Alaska Grant No. 8186-306 in the amount of $29300,000, and that the money be designated toward construction of a community center. ti i 0 ;.0 r 1 r 0 77 WON PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd day of July, 1985. Tom Wagoner, or 1 ATTESTs Carol L. Clerk freas, Deputy City Approved by Finances & 7" . I it . r I 1 I f , - Suggested bys Administration CITY OF KENAI RESOLUTION NO. 85-88 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING THE FOLLOWING EQUIPMENT AND MATERIALS SURPLUS. WHEREAS, the following pieces of equipment and materials are no longer needed by the City of Kenai, and WHEREAS, tho oxact dato of the auction will depend on the time needed for advertising. City Administration will then set the date of auction on an appropriate Saturday, and WHEREAS, a public outcry auction is a reasonable and acceptable means of disposal, and WHEREAS, Sally's Auction Company has been designated to handle the auction under the terms negotiated by the Administration, and WHEREAS, the terms of the purchase through this auction ores 1. Bidder must pay 100% immediately for anything under ' f100. J 2. A minimum of 10% deposit must be paid immediately on items over $100. 3. Before Title transfer or removal, the item must be 100% paid for. ; 4. Items must be removed, at purchaaer's expense, from the f City yard by 4s30 p.m. on the Friday following the auction. The deposit will be forfeited and the item's ownership will remain with the City if it is not removed by thid time. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following be declared surplus and available to sell at an outcry public auction. Section Is City -owned equipment as shown on 4 Attachment "A". i Section Its Item recovered by the Police Department and claimed in accordance with the law. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of September, 1985. TOM WAGONER, 10 ATTESTs Janet Whelan, City Clerk Authored bys PW Dept. l t� i - t i� i - T 0 CITY OF KENAI "Od Cspdal 4 4"" � 210 FIDALOO KENAI, ALASKA 99611 T111"HONE 983 • M§ September 18, 1985 MEMORANDUM TOs Wm. J. Brighton, City Manager FROMs Keith Kornelis, Public Works Director SUBJECT: City Auction Public Works has organized this Public Outcry Auction with Sally's Auction to take place on Saturday, September 28, 1985. The following is requested to be added to the list to be sold at auctions _ 1 Lot • (15 - 25 cans) Dry Chemical Extinguisher Powder 1 Each - CO Gass Station 2 Each - C8 Mobile Radio 1 Lot - Misc. Windows and Frames , 19 1 . 1 i i AUCTION LIST SURPLUS PUBLIC WORKS ITEMS 2 ea. damaged battery chargers Miscellaneous Fan Belts Miscellaneous brake parts 8 ea. Miscellaneous Lights 2 ea. Car AM Radios Miscellaneous Radio Communication Equipment Miscellaneous CAT Parts Coffeemats II Coffeemaker Miscellaneous Hose Chain and Sproket Miscellaneous Hydraulic Ram Seals 3.5 HP Generator (not working) Miscellaneous Inner Tubes 1 ea. Heating Radiator 1 ea. Heil Metal Dump Truck Box and Tail Gate 3 ee. Truck Mounted Snow Plow -' 3 ea. Wing Blades �} 1 ea. Fifth Wheel Unit 1 as. Hoist for Dump Truck 1 ea. Bi•fold Door and Operator - 2 ea. Large Sheetmetal Air Ducts 1 ea. Sheetmetal Hood + s: i. r ., I ea. Compression Unit 1 ea. Aluminum Light Pole and Fixture 6 ea. Nitrogen Bottles Sewer Lift Station Section i 1 as. 120 gallon Hot Water Heater 1 ea. Exhaust Fan • Complete 1 ea. FLINK, self reeding sander 1 ea. Lawn Chief, 3.5 HP Mower 1 ea. Brinley Disc 1 ea. Gandy Seeder 1 ea. Water Tank, Approximately 10,000 gallons 1 ea. Water Tank, Approximately 3,800 gallons Miscellaneous Brake Pads 1 ea. Roll Bar Guard Rails and Posts �i 1 ea. Transformer ! 1 ea. 500 Gallon Fuel Tank ouch -in -As a amber i 2 ea. 41x121 (approximate) Aluminum Window F ramee i Vehicles f� 1982 Chevrolet Sedan, Serial No. 2G1AL69LIC1169683 1980 Chevrolet Sedan, Serial No. 1L69LA3226979 j 1977 Chevrolet Malibu Sedan, Serial No. 1T19L9Z449054 .- 1981 Chevrolet Sedan, Serial No. 1G1AL69L5BJ240985 1980 1 Ton Dodge Van Serial No. 836KTAX127776 , 1975 1/2 Ton Chevrolet Pickup, Serial No. CCV145Z105163 GMC 2 1/2 Ton Truck with 50K Generator, Serial No. 514174A210 1977 Dodge Aspen Sedan, Serial No. NK41OF288457 if k i r 00 KENAI POLICE DEPT, P.O. BOX 3173, XENAI, ALASXA 09611 TELEPHONE 283-7879 AUCTION LIST 15-assorted bicycles 1-artificial Christmas tree 1-metal feminine napkin dispenser 1-seat for ATC 3-tires 7-assorted gas cans 1-length of garden hose assorted pipes and broken tools 2-Ronda 110 ATCs 1-Yamaha motorcycle 4-blue plastic mats 6-blue plastic pillows 3-metal desks 1-tackle box 1-blue duffel bag 1-metal console section with drawers 2-weed eaters I-Swada cash register I -exhaust housing for range 2-motorcycle helmets 2-8' lengths laminated particle board fi 1-small spade shovel 2-plastic chair mats 1-drill head 1-file cabinet 4 drawer 2-sets of 3 red lockers 1-hoe -scoop shovel f KENAI POLICE DEPr P.O. BOX 3173, KENAI, ALASKA $9811 TELEPHONE 283-7879 UNAX POLICE DEPARTMENT Supplement to Auction List 5 Kodak InstamAtic cameras I Polaroid *Swinger" camera I silver motorcycle helmet w/bubble face shield 1 gold colored Timfix men's electric watch I gold colored men's h6raeshoe ring I silver colored abstrAct pendant on leather thong I gold colored day/date men's Timex watch I gold nugget initial "C" I shall necklace I gold colored seagull'necklace I silver colored "Aries" necklace I black plastic flashlight I pair silver colored pierced earrings I gold colored men's school ring* I mks 8 club pin I pair black cufflinks w/pearl I gold colored ID bracelet 1 silver colored men's Wedgefield day/date watch I black Waltham lady's watch I screw -back earring I 14k gold wadding band 4 assorted.coins I blue soft packsack '-DMA- 11 f'. KPD AUCTION LIST-con't ff 1-rake I 1-push broom ,i 1-dishwasher 4-swivel chairs 1-file cabinet 8 drawer 2-metal bookshelves 1-wooden storage cabinet 1-set of 6 metal lockers i 2-wall mount gun racks 1-case w/misc video equipment i 1-file cabinet 5 drawer I1-set of 3 wooden locking boxes 1-chalkboard 1-wooden shelf unit assorted desk trays and card files o .I ,i fir. „fo 1 r' S - - ..- 1 Q. - 1 Suggested by: Administration l , CITY OF KENAI RESOLUTION NO. 85-91 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, j REQUESTING MUNICIPAL ASSISTANCE FUNDING FROM THE STATE OF ALASKA. WHEREAS, AS 43.20.016(s) requires the governing body of a municipality to approve a resolution requesting municipal assistance funding; and WHEREAS, this resolution must be submitted to the Department of Revenue or the Department of Community and Regional Affairs; and, WHEREAS, the City of Kenai has a fiscal year beginning July 1, and ending on June 30; and, WHEREAS, the City of Kenai is desirous of receiving municipal i assistance funding. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA by this resolution hereby requests distribution of funding from the municipal assistance fund to the City of Kenai by the Department of Revenue on the date required by law. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th , day of September, 1985. r om Wagoner, Mayor ATTESTs Janet Whelan, City Clerk s, Approved by Finances 'i t : Vi i I 'I ii ti 1 - I I 1 I � ,. -.... .y, .. .v ai��. .. .p•.. ., ... .. it �u' - _ ___- - _.. _ �.�. a .._.•. ......r.► , ..-.. ra�+k�•e�...rrwrrr...waT>. r-i^-..r Suggested bys Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFERS OF MONIES BE MADE IN THE 1985-86 SENIOR EMPLOYMENT PROGRAM: From: Salaries $120 Tos Professional Services $120 I This transfer is needed in order to satisfy the requirement of the State of Alaska that those who are employed in this Program must have physical examinations. 'i PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th day ' of September, 1985. Tom Wagoner, Mayor } ATTESTS f 1 Janet elan, City Clerk Approved by Finances ' 9/11/85 ' 1 i • i ; A I {� V me 5' Suggested bys Administration CITY OF KENAI RESOLUTION NO. 85-93 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE POLICE ADDITION -- CAPITAL PROJECT FUND. FROM: Construction $3,000 TO: Engineering $3,000 This transfer will provide for the additional inspection on the Police Station Renovation and Expansion necessitated by the construction contractor not completing the project on time. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th day J of September, 1985. Tom Wagoner, Mayor ATTEST: anet Whelan, City Clerk Approved by finances 9/13/85 I . J C- 8' .b CITY OF KENAI G'dpdal o f 4"„ 210 FIDALAO KENAI, ALASKA 99611 TELEPHONE M - 7635 MEMORANDUM FROMs Keith Kornelis, Public Works Director City of Kenai TOs Wm. J. Brighton, Manager City of Kenai DATE: September 12, 1985 REs Kenai Police Station Renovation and Expansion Carmen Gintoli's Inspection FORs September 18, 1985 City Council Meeting Tikigaq Construction has not completed the Kenai Police Station Renovation and Expansion. They have been given substantial completion on the project but they were sixteen days late. As liquidated damages on this project are $750.00 per day, $12,000 is due for being late. Since the contractor has been late in completing the project, the construction inspector, Carmen Gintoli, has had to continue with his inspection beyond the anticipated completion of the project. Carmen Gintoli'$ billing, dated September 12, 1985, includes $2,229.33 for additional services for work that he has done beyond the required completion date of the project. In the Council packet is Resolution No. 85-93 which would transfer $3,000 from construction to engineering to cover this additional cost of inspection beyond the anticipated completion date. Since the project still has not been completed, an additional $770 was added to the transfer. The funds are coming from construction because all the excess money was placed in construction on this project instead of a contingency fund. a tII .. n_ I - 1 il. I� MUM --- The Public Works Department feels that this additional compensation is justified and therefore recommends that the Council does the followings I. Pass Resolution No. 85-93 transfering $39000 from construction to engineering on the Kenai Police Addition. 2. Pass a motion authorizing the expenditure of an additional $3t000 for the contract administration agreement with Carman Vincent Gintoli for the inspection of the Kenai Police Station Addition and Renovation. Payments to be made at rate schedule submitted in Carman's proposal. KK/cl f J 11 0 =-:n n vonczmnt gantoil..xc;aa'���:� �w0 tyaciing bay/ road,, ��i 2 ^�® !(enai, alaska 99611 907 233.7732 i September 12, 1985 ia.. -- -- �./y �v riff City of Kenai 210 Fidalgo Kenai, AK 99611 Attentions Keith Kornelis, Public Works Director Res Invoice for Architectural Services Kenai Police Department Addition Contract Administration Invoice #2 From 12/21 through 9/11/85 PHASE FEE BILLED RECEIVED DUE i Schematic Designs $ 8420.00• $ 8,520.00' $ 8,520.00 -0- Design Development $ 8,520.00 ' $ 8,520.00-" $ 8o520.00 -0- Contract Documents $15,336.00 $15,336.00 ' $15,336.00 -0- Bidding $ 1,704.00'* $ 1,704.00 ' $ 1,704.00 -0- Observation i 12/21 - 4/22/85 $ 6,900.00 $ 2,955.00 $ 2,955.00 $ 3,945.00 Additional Service 4/22/8S - 9/11/BS $ 2,229.33 $ 2,229.33 -0- $ 2,229.33 � DUE THIS INVOICE: S 6,174.33 ' PREVIOUS EARNED: $37,035.00 TOTAL EARNED: $43,209.33 LESS PAYMENTSs 837, 440 ' _ DUEs S 6,174.33 rare , IMAM YOU ' ►• � . IBC ,� � •.; - t :�u, :.. x' T 1 t' r . i KENAI POLICE DEPARTMENT i Labor & Reimbursable Summary/Breakdown , Breakdown Y/ Contract Administration Invoice 42 September 12, 1985 �SS�iTFrS'�lTBBL C. V. Gintoli, Principal 40.0 hrs. @ $55.00/hr. a $2, 200.00 " AR®IT&%V= LABOR TOTAL: $2,200.00 $2,200.00 LB�LADYLNL7�Yi9Di Photographs $ 29.33 S 29.33 ' $2,225.33 BLIDUM 011TOTAL: $2429.33 '1' r I r • r �I 'II 4 r- s f r ti r' 1 r i 9 0 CARMEN VINCENT GINTOL.1 ARCHITECT 120 TRADING BAY ROAD KSNAI. ALASKA 99611 (907) 283.7732 TO �o►^ri�jts `' DATE 12 8� Ord Cl:y ^t Kenai ; SUEMECT IZ—.P D. Public Worse, Dept. I If r %v%%Jojcz-fpr servizzs s recov,et.J to MR COUNCIL MEETING Of City Lw. -•—Q Attorrey Z;4u%k Worb City Ctetk Oriam 1a rMm swnDttted Courlca OX M. o QYes tk— ��.r111gA M7ra.rOn.V.�r. Np MLD AT I.) To FIT DMWNQ WARD eNVUOOE f&WIW Suggested by: Councilman John Wise CITY OF KENAI RESOLUTION NO. 85-94 c •- 7 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, EXPRESSING DISSATISFACTION WITH THE KENAI PENINSULA BOROUGH'S HANDLING OF WASTE MATERIALS. WHEREAS, the Kenai Peninsula Borough Administration, without the authorization of the State of Alaska's Department of Environmental Conservation or Environmental Protection Agency, has disposed of oily waste materials in the Borough Dump located within the City of Kenai; and, WHEREAS, such an act is clearly in violation of the spirit and the letter of the law; and, WHEREAS, the Kenai Peninsula Borough Administration has been less than forthright in its presentations as to its incineration project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT the City of Kenai finds the Kenai Peninsula Borough Administration non -responsive to the proper handling of waste materials and therefore has no confidence in the Kenai Peninsula Borough Administration's willingness or ability to handle waste materials. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th day of September, 1985. Tom Wagoner, Mayor ATTEST: Janet Whelan, City Clerk 9/18/85 1 I I 7 i f I I r 0 ...L10_1 - r AGENDA KENAI CITY COUNCIL - REGULAR MEETING SEPT. 4, 1985, 7s00 PM 6:30 PM - Work Session PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD (Time Limit - 10 minutes per person) C. PUBLIC HEARINGS 1. Ord. 1063-85 - Amend. KMC - Appeals to Board of Adjustment by Filing Written Notice with Filing Fee 2. Ord. 1076-85 - Amend. KMC - Abandoned Property in Taxis 3. Ord. 1080-85 - Increas. Rev/Appns - Road & Fire Hydrant Repairs - $100,000 a. Subst. Ord. 1080-85 4. Ord. 1084-85 - Increas. Rev/Appns - Walker Ext. - $3,081.36 (Request Defeat) 5. Ord. 1085-85 - Increas. Rev/Appns - Senior Citizens - $1,135 6. Res. 85-86 - Repeal Res. 85-69 and Acceptance of State Grant for $2,300,000 7. Res. 85-87 - Transf. of Funds - Walker Ext. - $10775 8. Res. 85-88 - Declaring Material Surplus 9. Res. 85-89 - Awarding Bid - 50 HP Portable Steamer 10. Res. 85-90 - Awarding Rid - Marathon Rd. Relocation r � I i 'I I 1 I I ' I D. MINUTES 1. Reg. Meeting, Aug. 21, 1985 E. CORRESPONDENCE 1. Alaska DEC - Application for Wastewater Permit - Salamatof Seafoods 2. *Coop. Extension Service, Walter Them - Report on Plant Test -Demonstration F. OLD BUSINESS G. NEW BUSINESS i 1. Bills to be Paid, Bills to be Ratified — 2. Requisitions Exceeding $1,0OO 3. *Ord. 1086-85 - Increas. Rev/Appns - Part Time Employee, Police Dept. - $9,428 4. *Ord. 1087-85 - Increas. Rev/Appns - Airport Master Plan Update - $75,000 5. Change Order #1 - H.A.S. Project - Construction Unlimited - $17,000 , 6. Change Order 02 - Airport Main Apron Ext. & Willow St. ' Ext. - Kodiak Contractors - ($2,896.97) 7. Approval - Marathon Rd. Survey and Inspection - $6,150 B. Vacation - 10 ft. Utility Easement - Gemini Pk S/b 9. Lease Appl. - Raven Transit - Concession Area ' 10. FAA Proposal for Moving Antenna Farm H. REPORTS 1. City Manager 2. City Attorney ' 3. Mayor 4. City Clerk 5. Finance Director 6. Planning & Zoning 7. Harbor Commission "t 8. Recreation,Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (Time Limit - 5 minutes per person) ". ADJOURNMENT 1 57 -- - - m- -- -� i KENAI CITY COUNCIL, REGULAR MEETING, MINUTES SEPT. 4, 1985 - 7sO0 PM KENAI CITY HALL MAYOR TOM WAGONER PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL i I Presents Jere Hall, Ray Measles, Chris Monfor, Tom Wagoner, � Sally Bailie Absents John Wiee, Tom Ackerly (both arrived late) A-1 Agenda Approval a. Mayor Wagoner asked that item B-1, Highbush-Bumblebee i Road Work, be added. , b. Mayor Wagoner asked that item C-8 be deleted. C. Mayor Wagoner noted that an amended Res. 85-90 was I distributed this date. Council approved the agenda as amended. A-2 Consent Agenda _. MOTIONS r Councilmen Measles moved, seconded by Councilwoman Bailie, to approve the Consent Agenda. Motion passed by unanimous consent. B. PERSONS PRESENT SCHEDULED TO BE HEARD e B-1 Highbush, Bumblebee Road Work PUBLIC COMMENTS a. Irv1n Crane, 1510 Bumblebee, Kenai. The people in this area have been disappointed with the road work. The City did not talk to anyone before they started. COUNCILMAN ACKERLY ARRIVED AT THIS TIME (7sO7 PM) Mr. Crane noted the plans had been changed. Bumblebee will have 12 in. of gravel and will have ditches they don't need. They out down the east end of Bumblebee so the top of the road will be 2 ft. below those lots. At his house it will be 3 ft. or more lower then the lots. The people in the neighborhood never wanted ditches. He told the City engineer all they needed was 2-3 loads of gravel on Bumblebee and Highbush. They would have saved a lot of money. The water drains off now. COUNCILMAN WISE ARRIVED AT THIS TIME MID PM) Mr. Crane noted the Spring and Summer rains don't faze It, it is all sand. The people asked Council to ; reconsider and put the roads the way they used to be. ! b. Darby Nowell, Corner of Highbush & Bumblebee, Kenai. 1 Some of the ditches run 6 ft. deep. Most of that 1 country is very level. The highest point in the area Is Adak and Highbush. They want to put 3-4 ft. ditches to run water down there. The existing elevation at the highest level is 86.5, going down to Swires it is 86, 6 in. lower. You need a 6 to 1 grade in this type of sand. In one week that ditch will be partially filled. They are calling for 3% grade, you cannot get that. The neighbor's lawn will slough down. They were told KENAI CITY COUNCIL SEPT. 4, 1985 Page 2 the City would bring up the streets 5-6 in. and up -grade the tope. The ditches were not mentioned. They were only asked to dosignste their drivewayn. the City wanted to out down his concrete driveway. They have gullies on each side and still have storm drains. Ditches are not needed when there are storm drains. He nuggeated ditches no deeper than 1 ft. from the crown. There is not enough from the edge of the crown to the property line to get 2 ft. line. The ditches will have to be raised. Councilman Nine nuked if tie had seen the plans when they went out to bid. Mr. Howell replied he now the let set. Councilman Wise noted they had been changed since then. Mr. Howell said Engineer LaShot had sent him to the contractor. The contractor had nnid he did not know anything. The gee line should not have been changed. They have cut the power line 3 times in one evening. They also cut the gas line and the phone line. He has boon notified of one water shut-off and one gas shut-off. They tore one man's water turn-off. C. Lavern Wahl, Owner of the property at Bumblebee and Highbuch. Before the City water A newer went in, he had a high water table that he could have the coos pool pumped and it would fill again without being used. They should raise the grade of the toad. They have cut the roads and ditches deeper. Mayor Wagoner asked if he was notified before the job started that there would be public meetings. Mr. Wahl replied, only on the driveway. Public Works Director Kornells explained, this project hoe been on the books for a long time. Originally there were very few water 6 sewer lines there. The drawings were up for review, Mr. Howell has seen them. Councilwoman Sallie noted one road appears to be 100 ft. wide. What is the reason for that? Some of the road was out into people's yards, that is not City policy. Public Works Director Korneils replied, none of the street* are that wide. The right of way is 100 ft. wide. There will be ditches there. The road will not be that wide. One of the big problems is when the contractor does excavating everyone thinks the road Is 100 ft. wide. It will be like Candlelight and Linwood. In the past Council has asked contractors to finish the project and then see if there in a problem. There was a bad design to start with, but that has been rectified. He asked for time to let the contractor do his job. d. Ardttft-p ae (9), Alisk, Kenai. The road has had good !i drainage. They need 5 ft. down to the ditch and a 9 p a� V ft. slope. They have come back 50 ft. and taken everything down. A lot of her yard is gone. that is on City right of way. Two blocks *oat of Highbuoh the ditches will be 6-7 ft. deep. What will that do to care and children? After the road was cut in on Ksknu, the houses were set up high. They would be happy with a little ditch and road work. Recently one of the poles slid out of the dirt and caught fire to a tree. Their road will be cut down 2 ft., they cannot got their motorhome out. e. Betty Click, 1601 E. Alink, Kenai. there is no longer a review committee of Council to see if this is in the boot interest of the City. There may have been a meeting when this was lot proposed, but there have been several designs since then. The majority of homeowners have used the right of way. It should have been a matter of courtesy to notify the people of the final design. Big ditches are fine if they are necessary, but they have storm sewers. You don't need both. They have had their culverts put in 3 times, they have been damaged by the City. If the original design was so I r r - 1 ' R r i Y "1 a , M N KENAI CITY COUNCIL SEPT. 4, 1985 Page 3 great, why did they change it? She objects to trees being taken out for no reason. All of the citizens petitioned the City to vacate the excess, the recommendation of Administration was no. Now they have 100 ft. right of way. There needs to be coordination and courtosy of the City regarding concerns of the taxpayers. City Manager Brighton had said he would meet with Public Works Director Kornelis and Engineer LaShot, has he done this? What did they decide? Mr. Brighton replied he spoke with Mr. LaShot and Bill Nelson. He noted, to delay the project would be a travesty if it wan not done before freeze-up. He suggested completing the project and then sitting down with the people to find out if their worst fears are realized. Then the City could fix it up with each person. The only specific problem at this time is the ditches. Mrs. Glick noted everybody was getting different answers from the City. One of the neighbors was told the main power poles would be left as inlands. f. Nina foglie, 1511 E. Aliak, Kenai. She objected to shelving and waiting. She has trees they wanted to take out, she wants them loft. She stopped them from taking these. It has been a real mono. There was s place near her house where a large hole was loft there over a week end. g. Irvin Crane, Kenai. He suggested, rather than shut the project down, the contractor could put water 6 sewer down Highbush while they worked this out. John Herring, Construction Unlimited, Contractor, said he has a schedule with the City. Mr. Crane explained, that way the project could keep going. He asked if there was a limit on the amount of money spent. Mayor Wagoner explained, they set a price when they submitted a proposal, that is their limit. h. Bill Nelson, Wm. Nelson 6 Assoc., Project Engineer. There has been a lot of misunderstanding of this project. His firm was not the original designer. They pointed out to the City there were deficiencies that would cause problems and recommended changes. They modified the design, but did not change it. The tat thing they noticed was the excess ditch depths. Some were 6 ft. deep. Many utilities would have to be relocated. If the roads were paved, there would be lakes at every low spot. They recommended one low spot with a storm drain. There will be no ditch over 2-1/2 ft. From the road surface to the ditch there will not be 6 ft. There will be ice 6 snow In the ditches till the City clears the culverts. That is why it is 2-1/2 ft. A 1 ft. ditch will bring snow higher than the street during break-up. This is an engineered draining system. All water will be carried to a large Swale between Highbush 6 Linwood. The storm drain will drain Into this. Regarding the wide right of way, they gave instructions to the contractor to clear all that is required and to save the trees if possible. But the utilities have to put lines on the right of way. They are now where they should be. All services have to be run to the property line. Regarding the power poles being islands, it was just a misunderstanding. The original plan was to put stub poles because of the ditches. The contractor agreed to put a culvert with back fill. They will not he islands. Regarding the mesa - it will be cleaned up. Mayor Wagoner asked, will the drop in grade on Bumblebee off the main road be permanent? Mr. Nelson replied, there will be a grade starting at the east end of Bumblebee to the west end. It will be a smooth transition at the intersection. Councilman Measles asked, what was the reason that all the otreeto were net at a lower level? t" 1 KENAI CITY COUNCIL 'SEPT. 4, 1985 Page 4 Mr. Nelson replied, to handle drainage. The aces minimum is still higher than what they have. Mri asked, none of the roads will be less then 2 ft.' Nelson replied, the maximum is 4 ft. Mrs. Paco i said the ditches would not be deeper than 2-1/2 the road is lower than 2 ft., it will be 4-1/2 f the bottom of the ditch. The awale to a running If she had not celled about the fire hydrant, thi would have put it in front of her house. t. Rev Wahl, Kenai. When they let bought their hour the corner of Highbuoh and Bumblebee, the road wi level with the property. When they put in water newer, they had a problem because the ditch fill4 Why do they keep going lower onef lower and it ft with water? The water table came up and they hai difficult time putting in a line. Mr. Nolson explained, a sewer line to no comparison to a di' It will be draining down. J. W.A. Zimmerman, Kenai. They have a 2 ft. drop a Highbuoh and Bumblebee. There will he a large d. will there be a level grade between the 2 roads? Nelson replied yes, it will be 3% crown, this to standard. Mayor Wagoner noted he wont through V fears last year on Thompson Pk., but they are hal now. Councilman Wise asked, when will he be done Herring replied, it should be 1-1/2 weeks to grai gravel on it. Council agreed to let the contractor get the streets grade to see what it will be like and discuss at the 18 meeting. C. PUBLIC HEARINGS C-1 Ord. 1063-85 - Amend. KMC - Appeals to Board of Adjustment by Filing Written Notice with Filing Fee NOTIONS Councilman Measles moved, seconded by Councilmen Aekerly, to adopt the ordinance. There was no public comment. Atty. Rogers requested failure of the ordinance. He explained, this to a procedure that is not applicable to other appeals. They should be uniform for all appeals. We do not have that many appeals in the City. Mayor Wagoner said we have had 3 in recent years, there should not be a hindrance to the appeal. Notion failed unanimously by roll call vote. C-2 Ord. 1076-85 - Amend. KMC - Abandoned Property in ?axis NOTIONS Councilman Hall moved, seconded by Councilman Menalos, to adopt the ordinance. There won no public comment. Atty. Rogers requested failure of the ordinance. He distributed a memo this date explaining why failure of this ordinance and continuance of Ord. 1054-85 (Deregulation of Taxis) are desirable. He added, Chief Ross has said there in no reason for Ord. 1076-85. Notion failed unanimously by roll call vote. I 1 i 1� �I i I1 1 f -77 pJ , r j� F F 4 I � KENAI CITY COUNCIL SEPT. 4, 1985 Page 5 C-3 Ord. 1080-85 - Increaa. Rev/Appna - Road 6 Fire Hydrant Repairs - $100,000 a. Subst. Ord. 1080-85 MOTIONt Councilman Wise moved, seconded by Councilwoman Monfor, to adopt the ordinance. MOTION, Amendments Councilman Wise moved, seconded by Councilwoman Rollie, to amend the ordinance with substitute Ord. 1080-85. VOTE, Amendment: Motion paused by unanimous consent. There was no public comment. Councilman Wise explained the reason for the ordinance is the City has roads on the Capital Improvement List. Some may be funded for next year. In the meantime acme are suffering from break-up. If it will coat us to bring the roads through break-up, even though we will reconutruct them next year, it to worth it. Motion passed unanimously by roll call vote. C-4 Ord. 1084-85 - Incress. Rev/Appno - Walker Ext. - $3,081.36 (Request Defeat) MOTION$ Councilman Ackerly moved, seconded by Councilmen Measles, to adopt the ordinance. There was no public comment. Motion failed unanimously by roll call vote. C-5 Ord. 1085-85 - Incress. Rev/Appno - Senior Citizens - $1,135 MOTION$ Councilman Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-6 Res. 85-86 - Repeal Res. 85-69 and Acceptance of State Grant for $2,300,000 MOTION$ Councilmen Ackerly moved, seconded by Councilman Meauloo, to adopt the resolution. There woo no public comment. Councilman Wise suggested, with the Governor coming 9-6-85, thlo could be postponed. �1 KENAI CITY COUNCIL. SEPT. 4, 1985 Page 6 MOTION, Tables Councilman Wise moved, seconded by Councilman Hall, to table the resolution. VOTE, Table (Posoed)s Yes: Hall, Measles, Monfor, Wise, Wagoner, Bailie Not Ackerly C-7 Res. 85-87 - Transf. of Funds - Walker Ext. - $1,775 MOTION: Councilman Hall moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Motion paused unanimously by roll cell vote. C-9 Res. 85-89 - Awarding Bid - 50 HP Portable Steamer MOTIONt i Councilman Measles moved, seconded by Councilwoman Rallie, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. I , C-10 Res. 85-90 - Awarding Bid - Marathon Rd. Relocation i MOTIONt i i Councilman Measles moved, seconded by Councilwoman Bailie, I to adopt the resolution. There was no public comment. i Councilman Wise asked, how much will the project cost us? Is it still in budget? finance Director Brown replied, there will be more coats but it will still be in budget. They will not use contingency. Motion passed by unanimous consent. D. MINUTES 0-1 Regular Meeting, Aug. 21, 1985 MOTION: Councilman Hall moved, seconded by Councilwoman Bailie, to approve the minutes as submitted. Motion passed by unanimous consent. E. CORRESPONDENCE E-1 Alaska DEC - Application for Wastewater Permit - Salametof Seafoods MOTION: Councilman Wise moved, seconded by Councilwoman Monfor, to send a letter of non -objection. Motion passed by unanimous consent. -------.����t._,._,..,.a.ma�.=�_._�_._ _..ram=! _ -�._-� : - -. --• __ -_ i • J �j t KENAI CITY COUNCIL 'SEPT. 4, 1985 Page 7 E-1 Coop. Extension Service, Wolter Thom - Report on Plant Test - Demonstration Approved by Consent Agenda. F. OLD BUSINESS None G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified MO1IONt Councilman Measles moved, seconded by Councilwoman Roilis, to approve the bills no submitted. Motion passed by unanimous consent. G-2 Requisitions Exceeding $1,000 / MOTION: Councilman Measles moved, seconded by Councilwoman Ballle, to approve the requisitions as submitted. Motion passed by unanimous consent. G-3 Ord. 1086-85 - Increas. Rev/Appno - Part Time Employee, Police Dept. - $9,428 G-4 Ord. 1087-85 - Increas. Rev/Appns - Airport Master Plan Update - $75,000 Approved by Consent Agenda. G4 Change Order /1 - H.A.S. Project - Construction Unlimited - $17,000 MOTION: Councilman Measles moved, seconded by Councilman Hall, to Iapprove the change order. Motion passed by unanimous consent. i + f G-6 Change Order 02-Airport Main Apron Ext. 3 Willow St. Ext.- Kodiak Contractors - (i2,896.97) MOTIONt s 1 Councilman Measles moved, seconded by Councilwoman Railie, to approve the change order. ,r i. Motion passed by unanimous consent. i I G-7 Approval Marathon Rd. Survey 8 Inspection • $6,150 Councilman Measles moved, seconded by Councilman Ackerly, to approve the proposal. t Councilmen Wise objected to this award. This to the tat o time we have used a surveyor as project manager. If we use if the $2.5 Million State money for roads, the majority of the ! work is Oeeanteeh. Public Works Director Kornelle s i I I ■ KENAI CITY COUNCIL 'SEPT. 4, 1985 Page 8 explained, they requested Oeaaniech give the proposal hecauao they did the design work. It Is s wall project and they are knowledgeable. They could go out to proPanels, but it will delay the work. Councilmen Ackariy reed with Councilman Willa, but to move taghe project he will vote for It- fie would not went it done in the future. City Manager Brighton explained it well net the intent of Administration to deviate. It was just to get it done this year. They have issued the property the road is on. Councilman Wine noted it in an RFP, It Could be back In one week. Councilman Hell said it is a small project and M. Teueiainen has Bono wank far us in the poet. Councilwoman Monfor noted we should not have leased the land till thin woe done. VOTE (Paseed)t Ye" Hall, Measles, Wagoner, Ackerly, Bailie Not Monfor, Wise 0-9 Vacation - 10 ft. Utility Easement - Gemini Pk. S/O MOTIONS Councilman Wine moved, seconded by Councilwoman Monfor, to send a letter of non -objection regarding the vacation. Motion passed by unanimous consent. C-9 Less• Appl. - Raven transit - Concession Arse MOTIONS Councilman Wine moved, seeonded by Councilman Measles, to approve the less• appllostlon. Notion passed by unanimous consent. 0-10 FAA Proposal for Moving Antenna farm Mayor Wagoner sold this will be on the Mayor's Report. Council agreed to postpone discussion till that time. H. REPORTS H-1 City Manager City Manager Brighton reported he has received end accepted Welt Winston'• resignstion us of Sept. 15, 1985- He has appointed Al Ivenoff as Acting Fire Chief. H-2 Attorney Atty. Rogers spoke. a. fie asked Council to review the memo regarding the taxi ordinances distributed this date. b. He asked Council to review Info /14 regarding Insurance and /15 regarding airport leases. Insurance rotes are continuing to rlae- We are not In the same situation as the State. They have long term olease arrangements for bonding rates resena. He will send me a copy me the Walters 4 Olson letter to Council. He reesamended we do not acquiesce and change. c. Councilman Ackerly caked about the pending litigation with the Borough regarding 8eluga/Whaler1s Bluff service area. Atty. Rogers replied they have oral arguments In a request for Injunctive relief to keep it Off the ballot. r e KENAI CITY COUNCIL SEPT. 4, 1985 Page 9 H-3 Mayor Mayor Wagoner spoke. a, Info 017, Memo from Brown Const. regarding tent nomplea for airport apron project. He has had cells from people regarding thin. He asked Public Works Director Kornells to leave samples run by independent people. Airport Manager Ernst reported the gradation toots came out okay. The fracture count In borderline but can deviate from one engineer to another. McLane will write a letter to that effect. City Manager Brighton said it wan taken from the site. Mayor Wagoner asked that copies of the lettor be sent to Council. Atty. Rogers noted objective toots meet the criteria, subjective testa were marginal but were still within limits. b. Regarding the FAA meeting with Atty. Rogers, City Manager Brighton and the Mayor. Mr. Cunningham and Mr. Kiel were there from FAA. They had a good understanding as to what processes the City was to go through. FAA does not want to spend their money on moving the antennae, the City does not want to use their money. There wen a meeting with Son. Murkowski, Mayor Wagoner, City Manager Brighton, Councilman Wise and Councilman Measles. Mr. Kiel, FAA, wan there. The discussion regarding relocation of the antennas, FAA requested the City take the initial step and send proposals to Mr. Cunningham (FAA) of what they will do and what they will spend. Mayor Wagoner thinks some money can be allocated. There was also a discussion regarding Council concerns on handling of airport lands and the lateness of FAA response. Mayor Wagoner told Son. Murkowski it was best to get FAA out of the lands, but 2nd boat was to get FAA to cooperate. City Manager Brighton added he wrote a letter to FAA regarding the length of time between lease and purchase. He told them Council would have a work session. Councilman Measles noted Mr. Kiel indicated he was not aware of the letter from FAA to the City. C. The City had 2 Sandpiper Lanes and changed one. Mayor Wagoner has received a call from an individual asking why hers was changed and not the other. City Manager Brighton was asked to handle this. d. There will be a joint lunch with the Chamber of Commerce and Council on 9-5-85 to discuss the Community Center funding and the Governor's visit to the City. e. Governor Sheffield will most 9.6-85 at 31G0 PM in the Chambers with Council. f. Councilman Wise asked if there had been a reply from the Borough regarding the dumping of wastes In the City landfill. Public Works Director Kornells reported, he received a phone call from S. Bombard, KPB, saying they had 5,000 gallons of oil for City streets. The pumping supplier had 10,000 gallons. Mr. Kornells called DEC and they sold it was all right. A clause at the bottom of the agreement sold to contact EPA. Mr. Kornells called them and they said they disagreed with DEC. They would not accept more than S parts per million of lead, Mr. Kornelta had 28. He turned down the offer. City Manager Brighton noted the Borough to stuck with 10,000 gallons of oil they have to get rid of. Loot year they sold the City could not oil the streets this year. Councilman Aekeriy suggested the City file s complaint with EPA regarding the oil In the land fill. City Manager Brighton explained the 10,000 gallons to the remainder, it does not Include the oil in the land fill. Councilman Wine In . - M_ I 'I 'j r 1 4 !, b KENAI CITY COUNCIL SEPT. 4, 1985 Page 10 asked what Borough Mayor Thompson said about dumpinq waste oil in the land fill after hours. Mayor Wagoner replied the Mayor didn't think there was much to it. They had found a trace in the dump. Councilmen Mine suggested Adminstration draft a resolution for Council indicating s lack of confidence in the Kenai Borough Adminiatration to handle solid Masts, and particularly oil. Council agreed to the suggestion. MOTION$ Councilman Ackerly moved, seconded by Councilwoman Bailie, tc- direct the City to iilo a complaint to EPA regarding dumping of oil wastes in the sanitary land fill. VOTES Motion passed unanimously by roll call vote. H-4 Clerk Clerk Whelan reported the Borough had submitted the judgoe and Chairman for the Oct. 1 election. MOTION$ Councilman Wise moved, seconded by Councilwoman Monfor, to approve the judges as submitted. Motion passed by unanimous consent. H-5 Finance Director Councilman Wise naked, when did the Borough change their policy regarding not advancing real property tax to the City? Finance Director Brown repliod.this year. They had hoped to get to the point where they can get their new computer on lint and get it to the City faster. He noted, they do not have to. Councilman Wise said policy has been established. If they are going to reverse policy, they should notify the municipalities. City Manager Brighton noted they are hanging on to it longer and depriving the cities of interest. Finance Director Brown explained, in July they paid 1/2 of the total. 1/2 of the taxes are due in Auguot, 1/2 in Oct. They don't pay anything till they close the books. He should have 1/2 by Sept. 15. By Nov. 15 he should have the other half. He added, the total budget Is $250,000. What is more important is to get them to pay sales tax promptly. Councilman Wine asked, if they do not advance, what assurances does the City have regarding Interest? Mr. Brown said he would check. Councilman Ackerly noted, when a business pays promptly on sales tax, they get a reduction. Io that off City or Borough? Mr. Brown replied, 600o is City, 40% is Borough. 50% of our 60: is charged against us. City Manager Brighton noted the serious problem is the Borough's inability to collect delinquent sales tax owed to the City. There are substantial numbers that are owed to the City that the Borough is making no effort to collect. H-6 Planning 8 Zoning None H-7 Harbor Commission None E L ON KENAI CITY COUNCIL SEPT. 4, 1985 Page 11 H-8 Recreation Comminsion None H-9 Library Comminnion Library Commission Chairman Swarner reported they picked out the interior colors for the addition. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. Carmen Gintoli, Architect. He distributed a letter regarding insurance rates on his business. He explained he had just received the rates. He added to the letter that he will reimburse the City at the and of the year. Mayor Wagoner explained, this has been forwarded to the City's insurance carrier and should not be discussed till this to answered. This to a change in the contract. City Manager Rrighton explained Mr. Gintoli did not want a reply this date, but a chance to explain the problem. Mr. Gintoli added, he would like an indication if the City would share the coot on a reimbursable basis. The City would increase the dollar amount of his contract to help share the premium. By his asking for reimbursement, the City still has $1 Million coverage. All architects are having the name problem. He will send a request to HEA and the State also. He received the $97,000 figure 3 days before expiration. He asked for $500,000 coverage, which is in violation of contract. He asked the City to revie4 his past history and whether they need this much insurance. There are only 3 companies that write this insurance in the State now. He has not had a claim against his work. Councilwoman Bailie asked if the Code says we have to have $1 Million. Atty. Rogers replied no, it is in the contract. He noted we could lower the amount or get a high deductible and just catastrophic. He added, the amount of the project does not have a correlation to the size of the suit. City Manager Brighton asked if the City has ever collected on any insurance they have required? Public Works Director Karnali* replied, no. They have said they would and the claim has been paid. Councilman Ackerly suggested approaching the Legislature through Municipal League to get the State to find solutions. b. Councilwoman Monfor. She asked that Administration look into the the place on the Spur Hwy. Mayor Wagoner replied Building Inspector Hackney has taken care of that. Councilwoman Monfor noted the Art Guild sign by the Chamber also. C. Councilwoman Monfor asked if the Landscaping Board is intact. Answer, yes. Councilwoman Monfor noted Swenors took everything out and it was not reviewed. Councilman Wise said they have to come in with a building permit, that was done. Councilwoman Monfor noted it is the same with the new motel. Councilman Hall paid if they are on leaned land they have to conform to the Issue. If they own the land they can do what they want. d. Councilwoman Monfor sa►d when the townhousea were built on Spur Hwy, there was to be a buffer zone, nothing was done. e. Councilwoman Monfor said there is a substantial lien against the bowling alley. Does this mean he will not do anything? d. (contd) Mayor Wagoner said Mr. Lowry said in work sessions he would leave trees. There to a rumor he is building a large mall in front. He owns the land. Councilwoman Monfor Baked if the lease requirements • i i 1 ' I I i ` KENAI CITY COUNCIL SEPT. 4, 1985 Page 12 are negated by the purchase. Atty. Rogers said he would check. e. (contd) Atty. Rogers said he would report on the bowling alley at the next meeting. f. Councilwoman Bailie noted the Prison Committee will be meeting 9-12-85. Dept. of Corrections Commissioner Endell will be there. g. Councilwoman Bailie said the 4th Street park hoe no restroom facilities. Mayor Wagoner suggested if it will be a large party using it, they should reserve in advance and the City could have ports -potties. ADJOURNMENTS Meeting adjour ned at 1000 PM. Janet Whelan City Clerk ' I I � A ll 1 i A m - OILI"GMaPFlel.O � STATH of ALANUA orrict or THE GOVERNOR JuNxwu September 3, 1985 ^�^ti'123�;� ti The Honorable Tom Wagoner Mayor of the City of Kenai 210 Fidalgo Kenai, AK 99611 �r�z� 4..':��• Dear Mayor Wagoners In mid -June I signed the last of the major capital budget and reappropriation bills passed during the 1985 Legislative Session. And, now it is time for us to begin the capital budget process for 1986. In choosing which local capital projects to recommend for funding, I will continue to base my decisions on the following r'1 principles: .J Projects should be for a public rather than a private purpose. Local projects should have a high community priority. State and regional projects should be the kind which provide facilities of lasting importance to a broad area of the state. Delivery of services and financing of projects should be j through existing State and local programs when possible. Projects of a similar kind should be evaluated fairly and openly when competing for funds. New types of projects should be carefully reviewed for possible community, social, or cultural impact. Proposed projects should be reasonably feasible and be supported by realistic planning, design, and cost estimates. �i �i As you may recall, our legal deadline for completion and reloase of the Executive Budget is December 15. Therefore, I am { _ requesting that community capital projects, listed in priority -I . • i I 1 r i sapten"r 3, 1985 Pogo Two order And accompanied with as much supporting information as possible, be submitted to me through my Office of Management and rudget by November 1, 1985. And, if I have vetoed a project that you still consider a high community priority, feel free to request that project again. Please submit your requests to% Division of Budget Review office of Management and Budget Pouch AM Juneau, AK 99811 Attentions Thelma Cutler Program Budget Analyst The Administration will not be able to include all of your proposed projects in the budget, so indicate your priorities carefully. Your lists will be important in developing the capital budget I transmit to the Legislature this January. Sincerely, lzo,�� Bill. Sheffiel Governor J ,P Pouch V Stab Capitol 0f&W Busiow Juauu. A wis 99M11 Date: September 3, 1985 TO: Rep. Andrea Marrou Rep. Mike Navarre FROM: Sen. Paul A. Fischer p?-4' SUBJECT: CSSB 27, Grants to Municipalities _ ~ -------------------- ---------------------------------- ----------------- During our conversation of Aug. 16th Rep. Navarre indicated his intent to write a letter from the Peninsula legislative delegation to Governor Sheffield clarifying the intent of CSSB 27. To date my office has not received said correspondence. In view of the time constraints prior to the meeting between the Kenai Officials and Governor Sheffield later this week, I have prepared the enclosed letter to Governor Sheffield concerning the Kenai Community Center. It is my hope you will join me in this effort to have the letter clarifying our intent, when appropriating this grant, available to Governor Sheffield for his visit to Kenai on September 6th. Collectively, I hope we can p rsuade the Governor to favorably reconsider his Administration decision on this issue of great importance to the City of Kenai. Enclosure PAF/jf CC Kenai Chamber of Commerce Kenai Council 1 i - -M August 1, 1984 - ?2 CITY OF KENAI %Od G'dpidl 4 4"„ 2t0 FIDALGO KENAI, ALA8KA 99611 TELEPHONE 283.7535 i{ i Alaska Dept. of Envir. Conservation Attentions Gary Hayden, Director Facility Construction do Operation Pouch 0 Juneau, Alaska 99811 Res ADEC Grant Request Funds for FY 86 Dear Mr. Hayden: Please find enclosed the Alaska Department of Environmental Conservation Capital Budget Questionnaire forms for nine projects for which the City of Kenai is requesting the matching of 50 percent ADEC Municipal Grants. As I mentioned in a note in the forms for the Thompson Park Project and the Valhalla Heights Project, we are requesting a Federal EPA Grant for a Far East Kenai Interceptor Line from the end of our present sewer line to these subdivisions. We were told not to expect to receive the EPA Grant and were advised to apply for the funds through ADEC. The City of Kenai has appreciated the courteous, efficient, and expert handling of our ADEC Grants by the ADEC Juneau office and hopes to continue this relationship. Please contact me at the above address or at 283-7535 should any further information be j needed. ySincerely, N Keith Kornelis + Director Department of Public Works I; KK/jet Enclosures y � 1 t I FY 1986 ADEC GRANT PROJECT CAPITAL BUDGET QUESTIONNAIRE SUMMARY Priority Name of Project W S Est. L.F. Est. Population ADEC Funding Requested 1. Princess, Cinderella, McCollum, Aliak, Fox, Magic X X 19;000 125 people $ 600,000 2. Thompson Park X 11,400 200 people 350,000 3. East Kenai Interceptor & Thompson Park Sewer Impr. X 24,600 250 people 1,083,000 4. Valhalla Heights X 10,000 150 people 300,000 5. East Kenai Interceptor & Valhalla Heights Sub. Sewer X 23,000 150 people 1,686,000 6. Spruce, Second, Third, Fifth X X 81000 30 people 300,000 7. Kenai Spur Water & Sewer Bore to Southwest Section 36 X X 400 - 50,000 S. N. Kenai Spur Water & Sewer - Wildwood to City Limits X X 9,200 15 structures 400,000 9. Spur Sewer Bore at III mna X 100 0 25,000 i F I, r -1, r, — hw-n i. il•; �1 :-i!, f:t:/nl/:: �1 �wa.�m .er — _" �N.. Bill SHEFFIELD, GOVERNOR DEPT.OF ENV IRON MENTAL CONSERVATION rolorphone 465-2610 Adding Pouch 0 Juneau 99811 August 28, 1985 0, y �s Dear City Administrator: The Alaska Department of Environmental Conservation (ADEC) Municipal Grants Program offers 50 percent matching grants to municipalities for the design and construction of water, sewer, or solid waste facilities. These grant funds are appropriated to us as part of ADEC's capital budget and are based on information you provide us. The enclosed materials include the information we need from you in order for your projects to be considered in our FY87 capital budget preparation. (The FY87 budget year begins July 1, 1986.) Please complete a questionnaire for each water, sewer or solid waste project you would like considered for 50 percent grant assistance. The questionnaire will give us the information to evaluate your project(s). We would be happy to receive any additional support documentation you wish to send. 4 M r We will not put a project on the FY87 list unless you send a completed questionnnaire. All completed questionnaires must be received no later than October 15, 1986. Please call me if you have any questions about the questionnaire. Sincerely, Gary L. Hayden, Director ? Facility Construction and Operation Enclosure J JI t i I. 1 i hl �' J .. 1 I a x � s k r- The First National Bank of An wraae September 9, 1985 Mr. Tom Wagoner Kenai Mayor City of Kenai 210 Fidalgo Street Kenai, AK 99611 Dear Mr. Wagoners The First National Bank of Anchorage is approaching various individuals and community leaders for their views on the credit needs of our area. In order for The First National Sank of Anchorage to better serve the community, I would appreciate any and all comments you may have regarding the credit needs of the Kenai area and your assessment of First National's satisfaction of these needs. if you could please take a moment to write down your thoughts and opinions on these subjects, I would be most grateful. Enclosed you will find a business reply envelope for your convenience. Sincerely, Darren Q. So Branch Manager Kenai Branch DPs9k Erwlvsure Mik 11, Kaai spur Rd, a P.O. Bost 4010 • Kmi Alaska 99611.4070 � I Til 1 ti ' V o a o September 11, 1985 Dear City Council, This will be the third time I have tried to get an error corrected through this body. It appears to be a small item, and perhaps it seems unworthy of your attention and correction. It is no less unworthy than calling Tom Wagner mayor of Clam Gulch, or addressing the council as "members of the city council of Soldotna". Agencies, and the people who work them should be addressed appro- priately. My request was very simple, either change the name of the person or the agency. I again ask you to make changes on resolution no. 85-72. It is Important to the city of Kenai, that it be willing and able to identify the resources within its boundrys. The error in your resolution makes It clear that you do not have that ability. Correction of the resolution will correct this view. Presently, mine is the only voice you have heard on this. Please do not let this deter action in correction of resolution 85-72. Sincerely, Steve B. Richards Kenai Peninsula Veterans Center c.. 4yS i v , VC-2 n PAYMENTS OVER $1,000.00 WHICH NEED COUNCIL APPROVAL OR RATIYICATION 9-18-85 VENDOR _ DPSCRIPTION DEPARTMENT ACCOUNT AMOUNT POO FOR APPROVALS Zuboek. Inc. Pay Est. No. 3 8prucewood Glen ARRen.ronstruction 8,993.55 Pay Est. No. 1 McCollum, Aliak Aeues.Construction 323,014.65 McLane i Assoc. Inspection McCollum, Allak Asues. Inspection 9,345.00 Carman V. Ointoli Arch. Services CP-Police Addn. Engineering 6,174.33 � i Mike Tauriainen Inspection CP-Airport Apron Ext. Inspection 25,418.00 Kodiak Contractors Pay get. No. 4 CP-Airport Apron Ext. Construction 272,388.54 Winca, Corthall 6 Bryson Inspection CP-Standard, Richfield Inspection 6,488.40 Central AK Construction Pay Est. No. 5 CP-Standare. Richfield Construction 19,595.10 I ' i FOR RATIFICATIONS Homer Electric Assoc. August Electricity Usage Various Utilities 21,887.30 Chevron USA Gasoline Shop Operating Supplies 3,101.83 PERS Aug. Retirement W/H Various Liability 40,086.00 { Blue Cross Sept. Medical Insurance Various Health Insurance 17,559.82 Walters b Olson Misc. City Insurance Non -Departmental Insurance 5,005.00 Enstar Natural Gas Aug. Natural Gas Usage Various Utilities 1,401.28 National Bank of Alaska TCO-9/5/85 Central Treasury Central Treasury 2,000,000.00 7.152 Int. Treasury Sill-9/5/85 Central Treasury Central Treasury 1,753,125.18 7.246% Int. Treasury 8111-9/5/85 C-ntrai Treasury Central Treasury 1,753,890.02 7.559Z Int. Treasury 8111-9/12/85 Central Treasury Central Treasury 2,896,086.29 7.467% Int. j f i I 1 n REQUISITIONS OVER $1,000.00 WHICH NEED COUNCIL APPROVAL 9-18-85 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT Alaska Travel Caehe Airfare for Council b Mayor Legislative"- Transportation 1,708.00 Fairbanks for Munic. League Dowling Rice b Assoc. Survey b Plat Kenai Wallhouse Laaia Professional Services 2,400.00 Property Integrity Surveys Plat ROW for HEA access road b Airport Land Professional Services 1,000.00 tract between Marathon Rd. b Baron Park Sub. Southcentral Communications 4-Portable Radios Police Machinery b Equipment 5,136.00 Southeontrol Security Security Sysrem CP-Library Addn. Construction 4,971.00 Yukon Office Supply Desk, File Cabinets, Credenza CP-Library Addn. Constructton 5,279.66 b Card Trays i 0 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1088-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1985-86 GENERAL FUND BUDGET BY $20,000 AS A RESULT OF TWO GRANTS FROM THE STATE OF ALASKA FOR THE LIBRARY. WHEREAS, the State of Alaska has awarded the City of Kenai a Public Library Assistance Grant in the amount of $5,000 for purchasing books; and, WHEREAS, the State of Alaska has awarded the City of Kenai an Area Center Grant in the amount of $15,000 for personnel and benefits. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increases in estimated revenues and appropriations be made: General Fund Increase Estimated Revenues: Library Grants $20,000 Increase Appropriationa: Library - Salaries $11,407 .11 - Worker's Compensation Insurance 107 to - Health 792 to - PERS 1,276 to - Annual Leave 1,064 is - Supplemental Retirement 229 " - Unemployment 125 " - Books 5,000 520.000 1 8 1 •U I i; i PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of October, 1985. TOM WAGONER, MAYOR ATTEST s Janet Whelan, City Clerk First Readings September 18, 1985 Second Readings October 2, 1985 Effective Dates October 2, 1985 Approved by Finances I 9/11/85 2 'tom I 1 i r' 3 t CITY OF KENAI "D,til Caadal of 4iu"0'0' 910 FIOALQO KENAI, ALASKA coo - - TELEPHONE 263. M5 September 12, 1985 MEMORANDUM,, TO: i City Council FROM, i Rogers, City Attorney REs" Assignment of Lease/New Pines Corporation (Katmai) The New Pines Corporation (Katmai Motel) has requested the City of Kenai to consent to an assignment of lease to Jeri Pace. A review of the lease file reveals that at least 13 assignment transactions have taken place on this property since the beginning of the lease in 1967. It is my recommendation that Council approve this lease assignment, contingent on the new lessee entering into a current -form lease, bringing the lease Into conformance with Kenai City Code. TR/dg f i 'i i r a all r. J 1. ti fi i - I a r� 1 I 9 r. ASSIGNMENT OF LEASE The undersigned, The Now Pines Corporation, hereinafter referred to as Assignor, for TEN DOLLARS 010.00) lawful money of the United States of America, and for other good and vaivaule consideration, the receipt of which is hereby acknowledged, do hereby assign and transfer, convey and set over unto Jeri Pace, hereinafter referred to as Assignee, all of its right, title and interest in and to the following described leases and real property situated in the Kenai Recording uistrict, Third Judicial District, State of Alaskai 1. That certain Lease of real property sated May 5, 1967 wnerein CITY Of KENAI appears as Lessor and DEL ALSOP appears as Lessee, recordea on April 29, 1968 in boom 31 at Page 20 and terms, conditions and provisions of Amenament tnereto recorded July 17, 1981 in Book 173 at Paye 821 in the records of the Kenai Recording District, Third Judicial District, State of Alaska. 2. Tnat certain Lease of real property dated March 1, 1968 wherein the CITY OF KENAI appears as Lessor and CALVIN MARTIN and MAHION MARTIN, d/b/a KATMAI MOTEL recorded on April 29, 1966 in Boom 31 at Page 27 in the records of the Kenai Recording District, Thira Judicial District, State of Alaska. Lessee's interest has been assigned and is now held of i, record by The Now Pines Corporation, by assignment recorded January 9ta, 1985 in Boom 254 at Page 6 in the records of the Kenai Recording District, Third Judicial District, State of Alaska. Lessee's interest in said lease executed by Katmai Hotel, Inc. was assigned to Nabalaska 6 Co., 3W, Nabaiaska i Co., 182 and Nabalaska i Co., 612, by assignment of lease recorded on July Sth, 1977 in Book 110 at Page 489 in the records of the Kenai Recording District, Third Judicial District, State of Alaska. Lessee's interest in said lease executed by Katmai Motel, Inc.; Konstantinos D. Macherasj Patricia M. Macheras and Athanasios D. Macheras was assigned to National Bank of Alaska by assignment of lease recorded i September 24, 1981 in Book 177 at Page 257 in the records of the Kenai Recording District, Third Judicial District, State of Alaska. Assumption Agreement including terms and provisions thereof, recorded January 22, 1905 in Boon 254 at Page 692 in the records of the Kenai Recording District, Third Judicial District, State of Alaska. Lessee's interest in said lease executed by Katmai Motel, Inc. was assigned to Althea P. Peck by assignment of lease recorded October 16th, 1981 in Book 176 at Page 557 in the records of the Kenai Recording District, Third Judicial District, State of Alaska. Lessee's interest has been assigned and is now held of record by Tne New Yines Corporation cy instrument recorded January 9th, 1985 in Boom 254 at Page 6 in the records of the Kenai Recording District, Third Judicial District, State of Alaska. An unrecorded Lease executed on December 12tn, 1983 wnerein The Pines Corporation, H. Russell Pace and Je Pace appear as Lessors, and the Pace Corporation appears as Lessee. Sublease was recorded on ASSIGNMENT OF LEASE - 1 h i I r� r, ..y I December 12, 1983 in Book 225 at Pago 401 in the records of the Kenai Recording District, Third Judicial District, State of Alaska. Sublease was for a term of 20 years and affects Parcel Nunbor 1. and which real property is more fully described as follows$ i PARCEL I ne (i), of AI.YESKA SUBDIVISION, PART THREE (3), according to Plat No. K-1531, tiled in the Konni Recording District, Third Judicial District, State of Alaska. PARCEL II t One- (1-A), of ALYESKA SUBDIVISION, PART THREE (3)0 according to Plat No. K-15o1, filed in the Kenai Recording District, Third Judicial District, State of Alaska. SUBJECT TO that Deed of Trust executed on September 8, 1981, wherein KATMAI MOTEL, INC., KONSTANTINOS D. MACHERAB, PATRICIA M. MACHERAB and ATHANASIOS D. MACHERAS appear as Trustors, SECURITY TITLE AND 'TRUST CO. OF ALASKA appears as Truatee and NATIONAL BANK OF ALASKA appears as Beneficiary. Said Deed of ,Trust was recorded on September 24, 1981 in Boox 177 at Page 267 in the records of the Kenai Recording District, Third Judicial District, State of Alaska. SUBJECT TO that Deed of Trust executed on September 9, 1981, .wherein KATMAI MOTEL, INC. appears as Trustor, ALASKA TITLE UUARANTY AGENCY, INC. appears as Trustee and ALTHEA P. PECK appears as deneficiary. Said Deed of Trust was recorded on October 16, 1981 in Boox 178 at Payo 559 in the records of the Kenai Recording District, Third Judicial District, State of Alasxa. SUBJECT TO that Deed of Trust executed on December 5, 1983, „wherein THE PINES CORPORATION, H. RUSSELL PACE and JERI PACE ;jappear as Trustors, TRANSAMERICA TITLE INSURANCE COMPANY appears gas Trustee and KATMAI MOTEL, INC. appears as Beneficiary. Said 'Deed of Trust was recorded on December 13, 1963 in Boox 225 at jPage 516 in the records of the Kenai Recording District, Third ;Judicial District, State of Alaska. SUBJECT TO that Deed of Trust executed on December 6, 1984, �whercin THE 1424 PINES CORPORATION appears as Trustor, ALASKA TITLE GUARANTY AGENCY, INC. appears as Trustee and THE PINES ;;TITLE and the PACE CORPORATION appear as Beneficiary. Said Dead of Trust was recorded on January 9th, 1985 in Book 254 at Page 11 in the records of the Kenai Recording District, Third 'Judicial District, State of Alasxa. SUBJECT TO that Deed of Trust executed on December 6, 1984, wherein THE NEW PINES CORPORATION appears as Trustor, ALASKA TITLE GUARANTY AGENCY, INC. appears as Trustee and THE PINES CORPORATION and the PACE CORPORATION appear as Beneficiary. Said Deed of Trust was recorded on January 9th, 1985, in Boon. 254 at Page 11 in the records of the Kenai Recording District, Third Judicial District, State of Alasxa. SUBJECT TO all other existing easements, conditions, covenants, reservations, terms, agreements and rodtrictions of record. TO HAVE AND TO HOLD the same unto the said Assignee, her assiyns, and the heirs and assigns of the survivor, from the date hereof and during all of the remainder yet to come of the term of said lease. Assignor hereby warrant and covenant to and with ASSIGNMEUT UP LEASE - 2 d I Assignee tnat the assigned premises are free and clear of an from i all former and other gifts, bargains, saies, leases, judgments, executions, baca-rents, taxes, assessments, penalties, claims and 1J encumbrances, except as set out hereiny and that Assignor has the right and power to make this Assignment. i I i Assignee receiving the rights of Assignor under said Lease j hereby assumes the duties and obligations of Assignor thereunder band agrees to the terms of said Lease for and during all the rest 'and remainder yet to come of the term of said lease. I This assignment shall become effective on the date of closing of that certain contract for puronase and sale of real i property and assignment of leases entered into between Assignor ; and Assignee on July 3, 1995 and the lessohold estate assigned , ahaLl be modified as necessary, to conform with the title + insurance policy to oe issued at closing. DATED this day of 1985. ASSIONM ASS IONEE 1 THE NEW PINES CORPORATION an Alaska corporation BY$ YR—MAMUR-U-7 1 COxk S ON J d " Its P aident d 84 1 Y c _ -- WAYNE K. ONO , �~ Its Secretary n I iN i LI I I t I1STATE OF ALASKA ) THIRD JUDICIAL DISTRICT ) ICT IS IS TO CERTIFY that on the � day of , 1985, - , Alaska, FU DERICK C. NCCORR ,whom 1 ;•j know, appeared a ore me and acknowledged that he executed the .foregoingg Assignment of Lease for and on behalf of The New Pines j'.t' Ircorporationt that he is the president of said corporation and is ' authorized to so execute, and that no knew the Contents thereof and acknowledged the same to be his act. I IN WITNESS WbERSOP, I hereto set my hand and seal. NoeybaiyC n t Nei ca 1 1 Comm is on Es ivesc ASSIGNMENT Of LEAbE CI I r � j r IV 1 I 1 s J �} 1 N 1), i STATIC OF ALASKA ) THIRD JUDICIAL DISTRICT ) ss. THIS IS 'PO CERTIFY that on the day of r31iti , 1985, a , Alaska, WAYNE K. SOND, whom now, appeared before me an ecxnowledged that he executed the foregoing Assignment of Lease for and on behalf of The New nines Corporations that ne is the Secretary of said corporation and is authorized to so execute, and that he knew the contents theroof 'and acxnowledged the same to be his act. IN WITNESS WHER90Y, I hereto set my hand and seal. NMW xY P O i n and- z017 ALasxa M Commis/ion Expiroas. STATE OF ALASKA ) THIRD JUDICIAL DISTRICT ) sS. THIS IS TO CERTIFY that on the � day of , 1985, yersonally appeared before me JERI PAS , to me k"n'own�o oe the individual described in and who executed the within Assignment of Lease and acxnowledged that ane Signed the some as nor tree and voluntary act and deed, for the uses and purposes therein ' mentioned. IN WITNESS WHEREOF, I hereto Sec m hand ano seals, N(PrKity VU&PIC inan o a Nl( COMMLqm1lon E !Ass r ✓ gA112sbya/ac/y 411-6 rj i • ,I I' , 7 �I ASSIGNPIENT OF LL'ASE - 4 ' r C "Maur r t . a I i r •� i I f i f), o ' r 1 ' i II 1 i 1 G -5- r ASSIGNMENT OF LEASEHOLD INTEREST ��U UN OF LEASE OBLIGATIONS THE GRANTOR, W. E. FLETCHER, d/b/a KENAI THEATER ENTERPRISES, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration in hand paid, the receipt of which is hereby acknowledged, conveys and warrants to TEMT ALASKA, INC., whose mailing address is 919 S.W. Taylor Street, Portland, Oregon 9720S, all of its leasehold Recorded oil August 10, 1976, in Book 98, at Page 652, interest in and to the following described real estate located in the Kenai Recording District, Third Judicial District, State of Alaska, to -wits Lot Twelve (12), of ALEYESKA SUBDIVISION, PART TWO (2), according to Plat K-1421, filed in the Kenai Recording District, Third Judicial District, State of Alaska. SUBJECT TO reservations, exceptions, easements, convenants, conditions and restrictions of record, if any. DATED this a�,�+ day of , 1985. vv FL C R, a KENAI THEATER ENTERPRISES TEMT ALASKA, INC., hereby agrees to assume all of the obligations of W. E. FLETCHER, d/b/a KENAI THEATER ENTERPRISES, under the foregoing referenced Lease. DATED this 30 day of At(-a-iT , 1985. TEMT ALASKA, INC. By S 1L_ 4)'..i..f... omas F. 0yeri Its President J r •r� i d r`i_ , THOMAS P. MOYER, hereby agrees to guarantee the obligations of TEVIT ALASKA, INC., under the above referenced Assumption of Lease Obligations. DATED this ?hp day of All 1985. Thomas P. Moyer 919 S.W. Taylor, suite 900 Portland, Oregon 97205 STATE OF ALASKA ) ) 8s. THIRD JUDICIAL DISTRICT ) 1 HIS IS TO CERTIFY that on this _� a` day of 1985, before me, a uunndersigned. a o ary Public in and for the State of Alaska, personally appeared W. E. PLETCHER d/b/a KENAI THEATER ENTERPRISES, to me known and known to me to be the individual described in and who executed the within and foregoing instrument and he acknowledged to me that he executed the same freely and ,. voluntarily for the uses and purposes therein mentioned.- �t� '''•��, WITNESS my hand and Notarial Sea n the day and peaY•iir s,.s this certificate first above writt otar u 1 c in and XOT A as a My Commission expires: wcommissiosssxiisls AVOL If I STATE OF ORECON ) ) so. County of Multnomah ) TH S IS TO CERTIFY that on this " day of r.-Jj'r'� , 1985, before me, tFie undersigned, a o ary Public in en for the State of Oregon, personally appeared ^iHOMAS P. MOVER, to me known and known to me to be the PRESIDENT of TENT ALASKA, INC., corporation named in the foregoing instrument, and he acknowledged to me that had in his official capacities aforesaid executed the foregoing instrument as the free act and deed of said corporation for the uses and purposes therein stated. WITNESS my hand and N tarial S on the da and year in this certificate first ab e w tt / otary P c n an or Oregon My Commission expiress - 9s- 7 '• I I STATE OF OREGON ) ) as. County of Multnomah ) THIS IS TO CERTIFY that on this " day of , 1985, before me; brio undersigned, a of y Public in an for the State of Oregon, personally appeared THOMAS P. MOYER, to me known and known to me to be the individual described in and who executed the within and foregoing instrument and he acknowledged to me that he executed the same freely and voluntarily for the uses and purposes therein stated. WITNESS my hand and No arial 8Gi► on the day and year in this certificate first ab' .o wrist X,f Y��tL"miPublic in and for ore on My Commission expires: .( '3 •f J APPROVEDs �T City of Kenai Sys Dateds Itss i I A n ASSIGNMENT OF LEASEHOLD INTEREST A D 8 ION OF�OBLIGATIONS THE GRANTOR, KENAI THEATER ENTERPRISES, INC., for and in consideration of Ton Dollars (010.00) and other good and valuable consideration in hand paid, the receipt of which is hereby acknowledged, convoys and warrants to TEMT ALASKA, INC., whose mailing address is 919 S.W. Taylor Street, acquired pursuant Portland, Oregon 97205, all of its leasehold interest in and to a lease purchase option recorded on Oct., 2, 1967, in Book 28, at Page 233 to the following described real estate located in the Kenai Recording District, Third Judicial District, State of Alaska, Transfer recorded in Book , at Page . on , to -Witt Lot Nine (9), of ALEYESKA SUBDIVISION, PART TWO (2), according to Plat K-1421, filed in the Kenai Recording District, Third Judicial District, State of Alaska. SUBJECT TO reservations, exceptions, easements, convenants, conditions and restrictions of record, if any. DATED this ,1z day Of 1905. KENAI THEATER ENTERPRISES, INC. v W. -E V 'FEET/CHER, PRESIDENT TZKT ALASKA* INC., hereby agrees to assume all of the obligations of KENAI THEATER ENTERPRISES, INC., undor the foregoing referenced Lease. DATED this day of A*dS r , 1985. TEAT ALASKA, INC. By :2`: , ,� Thomas P. oyer Its President i 4 ' fl i, JI THOMAS P. MOYER, hereby agrees to guarantee the „ obligations of TEMT ALASKA, INC., under the above referenced Assumption of Lease Obligations. DATED this �'•-d Jay of — A &V >i , 1985. T;Oma,�F. oyer 919 S.W. Taylor, Suite 900 Portland, Oregon 97205 STATE OF ALASKA ) THIRD JUDICIAL DISTRICT ) as. THIS IS TO CERTIFY that on this .6 k day of 1985, before me, Me -undersigned, a notary Public in and for the State of Alaska, personally appeared W. E. PLETCHER, to me known and known to me to be the President of xENAI THEATER ENTERPRISES, INC., the corporation named in the foregoing instrument, and he .� acknowledged to me that he had in his official capacities aforesaid executed the foregoing instrument as the free act and deed of said corporation for the uses and purposes therein stated. U WITNESS my hand and Notarial Seal on the da y and year. in this certificate first above wr n,,,b/ Notary Public in and for A as a. My Commission expires s , •,ei •, STATE OF OREGON ) " ) as. County of Multnomah ) T Z 10�.12�VZRTIFY that on this :'-% day of i 1985, before me—,etse undersigned, a otary Pu c n andfor the State of Oregon, personally i appeared THOMAS p. MOYER, to me known and known to me to be the PRESIDENT of TENT ALASKA, INC., corporation named in the foregoing instrument, and he acknowledged to me that had in ri his official capacities aforesaid executed the foregoing instrument as the free act and deed of said corporation for the uses and purposes therein stated. i WITNESS my hand and Notpria.l1 on the day this certificate first and year in �v r" Iwriltt r --p otarc n an or�Or go My Cc -mission expires s •�1 "` r 11, 0 I t5 rr `l � I STATE OF OREGON ) r ss. County of Multnomah ) THIS IS TO CERTIFY that on this,*—' day of 1985, before me, the undervigned, a oA�Pu6 c in and for the State of Oregon, personally ---- npppeered T1lOHAS P. HOYER, to mo known and known to me to be the individual described in and who executed the within and foregoing instrument and he acknowledged to me that he executed the same freely and voluntarily for the uoas and j purposes thoroin statod. WITNESS my hand and N tarial 8 an the day and year in this certificate first alio�e ,wait , otaiiar`y iubt c in and for Or gon My Commission expires% �� APPROVEDt City of Kenai II Syr Dated$ ' JJ Itss � J I i I t• i4 ti i F.; � i L I � � I I I : j S 4 r W I a r: i .d . 1 -- ...ems• ..... ...... . ...... , - III/EfJaYr'IiY�Y(GIi1YYlK7�_•.,,•••_•.�„<—.y.��n..:...�..,....__.__. _..—i'�it��Gi�rr�rr ������`Yr1�W�f� ram+ "3161114E11? Of LEASE THIS ASSIGHHEpT, entered into between Joseph H. Langston and Faith A. Langston of Post Office Box 3722, Kenai, Alaska 99611, hereinafter referred to as the Assignorsi and Cheryl A. Jackson of Post Office Box 527, Kenai, Alaska 99611, hereinafter referred to as the Assignee, Assignors do hereby assign and transfer all of their interest in the lossobOtd estate as evidenced by that certain Lease Agreement with the CITY OF KEHAI as Lessor, recorded the 15th day of Juno, 1985 in the Kenai Recording District, State of Alaskai to wits Canter space, first floor, terminal building, Kenai Hunicipal Airport, as currently occupied TO HAVE A11D TO HOLD the same from the date hereof, for and during all of the remainder yet to come of the term of said Lease Agreement. Assignee agrees to comply fully with all the terms and provisions of the Lease, and to hold the Assignor harmless from any liability arising thereunder. 111 HITNESS HHEREOF, the said this Ath day of August, 1985. MNYR A. jaron, Assare STATE Of ALASKA j ) as, THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that before me, the undersigned, a Rotary Public in and for the state of Alaska, duly aardmissioned and sworn as such, personally appeared JOSH, H. LANGSTON, known to me and to me known to be the identical individual named In and who executed the above and foregoing instrument, and who acknowledged to se that he signed and sealRd the sans as his free and voluntary act and deed, for the uses and purposes therein mentioned and Set forth. IH %tvzss finapoFr I have hereunto Set my hand and affixed my official seal, this day of [ L " jam_ 1985. WITAIST MUG YOR ALAWA Hy commission expiress /,1�, P.m* One, A.S31r,551 W ' 1 � 1 •J r /STAT'k OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that before me, the undersigned, a Notary Public in and for the State of Alaska, 4uly commissioned and sworn as such, personally appeared FAITH A. LANGSTON, known to me and to me known to be the identical individual named In and who executed the above and foregoing instrument, and who acknowledged to me that he signed and sealed the same as hia free and voluntary act and deed, for the uses and purposes therein mentioned and sot forth. IN WITNESS WHEREOF I have herounto oat my hand and affixed my official seal, thie 9 --day of r , 1985. AOIARY YUSLIC YOU AI.AI;)A Hy commission expirass A;2- )R 46, STATE OF ALASKA ) ) so. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared CHERYL A. JACKSON# known to me and to me know to be the identical individual named in and who executed the above and foregoing instrument, and who acknowledged to me that he signed and sealed the same as his free and voluntary set and deed, for the uses and purposes therein mentioned and sot forth. IN WITNESS WHEREOF I have ereunto set my hand and affixed my official saal, this —'?A —day of 1985. 3TGI'Att4'M 1 R N Hy commission expires$ f 12=.24-ft- Palo TWO. ASSIGI,30T r �r J WYrI. ..iti�.�ra.a;+r.nru►rf f - _ — ��Y'.i _ _ _ �l �. Y Ir CITY OF KENAI "Od 62apdal ej 4"„ 210 FIDALQO KENA1, ALASKA 0f it TELEPHONE 263 - o MEMORANDUM TOs Kenai City Council FROMs Janet Loper, Planning Secretary SUBJECTS Lease Applications Lot 4, Blk 5, CHAP S/D - Impound Yard & Storage - Bob Jackson DATES September 13, 1985 At the regular meeting of the Planning Commission on September llth, the Commission reviewed and approved the referenced lease application. The intent of the Commission was that the lease is recommended for approval teased on all restrictions, including the length of lease at 2 years, of the lease previously approved for Mr. Snelson. i i I I e POR CITY USV ONLY . CDate Reaeiva 11:1, c.t t r yr nCwri t 1.47r.419.1,m P.O. BOX S80 • KBNAI, ALASKA • PHONE 283.7535 7 ' ��U« gnestur+p and tle LEASE APPLICATION Name of Applicant .teCRAMS aAt-E�SERWICE Address P.o_ Rox 6tA ugatir, Arc_ 99611 Business Name and Address SAME Kenai Peninsula Borough Sales Tax No. 3B500 (if applicable) State Business License No. HL 086hoo 552A (if applicable) Telephone (907) 283.4?60 Lot Description LOT 4, MCK 5, COOK INLET INDUSTR2AL. ATR PARR Desired Length of Lease 5yg, Property to be used for IMPOUNDED YARD X RQUTpb IN-P eIP^,8Aar Description of Developments (type, construction, size, etc.) REMAIN AS SANE , EXCEPT FOR PUTTING ELECTRICITT IN QUONSETHIIT, 1 Attach development plan to scale (1" = 50'), showing all buildings t planned. 1 I � Time Schedule for Proposed Developments 1 Beginning Date i Proposed Completion Date i Estimated Value of Construction $ 6 ?16Date:Signed; J Dates Signed: 1 << a C CITY OF KENAI CHECK LIST FOR SITE PLANS i ALL ITEMS MUST BE COMPLETED BEFORE APPLICATION CAN BE ACCEPTED I Drawings should be drawn to scale 1"= SO ft.*t and must show layout of the lot applied for and the location of all improve- ments proposed.. Drawings must shows j 1. Existing buildings cu'dO�sA/Y�y+ f 2. Proposed buildings ��ll.�S/YiOj { i 3. Parking facilities (how many spaces and where located) 4. Site improvements i a. Areas to be cleared and method of disposal b. Proposed gravel or paved areas Co Landscaping plan (retention of natural �i00• r vegetation and/or proposed planting areas) - S. Building set backs } 6. Drainage plan and method of snow removal f, 7. Circulation plan (all entrances, exits and on -site access) 8. Location of sign(s) - sign permit required 9. Fencing 10. Curb cuts (where applicable) r _;- 11. Building height 12. Buildings on or near the airport on airport lands must complete FAA Form 7460-1 i *This does not have to be drawn by an architect or engineer. 2 i 1 Rr � i i 1 BUILDING INFORMATION On this sheet submit a drawing of building planned, drawn to scale. Scales 1" a ft. Construction Materials (wood frame, steel building, etc.) f* c THIS DRAWING SHOULD BE AS COMPLETE AS POSSIBLE i — - , .tJtxx �.iOiN L/w/K �riiiQ/SA�1 .. j 4r 41- &'04r sAT 1,1 I Notes If a prepared drawing is submitted, attach to this !! { application and disregard this page, filling in construction materials a only. 3 i L 4 , F _ � f 4 - i I _. i i . I I Oscription of Property ,car ei �� •r (�///J/� i� /'l,l t + i CONDITIONS OF ACCEPTANCE (To be completed by the City) Annual rent rate or cost A Zoned for l lgkr _.►Ci[/�_�/7-id / Permits required Assessments Insurance required Construction must begin by Completion date for major construction A��-- THIS APPLICATION WILL BE MADE A PART OF THE LEASE PlannIgCoossio App+ Date of Approval Bys ' PProva1 9 ha rman City Council Approvals Bys , Date of Approval City er 4 � 4 J ZJ l 1 �i �-9 CITY OF KENAI „ Od Oapdai of 4"„ 210 FIVAUM KENAI, 4UMICA M11 TQL HMIIM-7536 MEMORANDUM TOs Kenai City Council FROMs Janet Loper, Planning Secretary SUBJECTs lease Reviews Lot 3, Baron Park S/D - Roberts/Swenor BATES September 13, 1985 At the regular meeting of the Planning Commission on September llth, the referenced lease was reviewed and approved. Since the motions were lengthy, attached is a page of the unapproved minutes of that meeting. i i I � 1 f i I � b. Lease Reviews Lot 3, Baron Park S/0 - Roberts/Swenor Mr. Dan Roberts came forward and passed around his revised site plan. Originally, the site plan called for a single story restaurant, it is now proposed for a two phase building with 2 stories with equal square footage. Phase II wan a 12.000 sq.ft. mall which will go to a 2 story motel/bar/restaurant with each floor consioting of 10,600 sq.ft. combined footage of 22,600 sq.ft. Originally, the northwest corner of the lot was proposed for greenbelt, it will now be a summer RV hookup and snow storage in the winter bringing the landscaping to the front of the parking lot along the Spur Hwy. and around the border of the lot. Underground tanks for 2 gas pumps will go near the center front of the lot. There will be 57 parking spaces, security lights will go around the lot. Chairman Lewis asked if there has been staff review, answer no. Administrative Assistant Gerstlauer asked for the revised construction schedule, answer, Phase I was to be completed by 8/10/85. The land has been cleared and partially excavated and request an extension to Phase I to 6/30/86 with completion by 7/31/87. Administrative Assistant Gerstlauer questioned the fuel storage which would modify the lease itself. Councilman Wise stated that he was pleased with the RV hookup summer time use and snow storage in the winter calling it "genius", and further that administration should check it for the parking code, and personally, object to the gas pumps. Commissioner Bryson stated that this would be the 6th set of gas pumps within a mile that front on the highway and with the parking being so complicated, staff should work out what is available. Commissioner Smalley expressed discomfort at no staff review and also voiced concern with the gas pumps. NOTION$ Commissioner Bryson moved to approve the amended construction dates, seconded by Commissioner Smalley VOTES Notion passed unanimously. NOTIONS Commissioner Smalley moved approval of amended lease application with the restriction of the gas pumps subject to administrative review of the parking and any other concerns, seconded by Commissioner Osborne. NOTION AMENDNENTs Commissioner Bryson moved to reincorporate the gas pumps, seconded by Commissioner Osborne VOTE AMENOMENTs Motion passes yess Lewis, Bryson, Carignan, Oleson, Osborne, Zubeck not Smalley VOTE MAIN MOTIONS Motion passed unanimously. 1� i I r- _ 9, v � Dan Roberts P.O. Box 4174 ', Kenai, Alaska 99611 'c .��� September 12, 1985 `' City of Kenai 210 Fidalgo Kenai, Alaska 99611 Attns Dana M. Gerstlauer RE: Lot 3, Baron Park Subdivision Dear Ms. Gerstlauer: This is to request an extension of our previous construction schedule for the following completion dates: PHASE I, July 1, 1986 PHASE II, July 1, 1987 We also request a proposed revision of the construction plans as listed belows PHASE I - 2 level lot floor - 3,800 square feet - restaurant 2nd floor - 3,800 square feet - offices PHASE II- 2 level lot floor - 10,600 square feet - Bar/lounge/dining area/motel 2nd floor - 10,600 square feet - Motel Further site plans would be as listed below: 1) Change green belt area to Recreational Vehicle parking area and snow removal area in the winter, with landscaping to be relocated ,- to give a landscaped effect from the roadway, as detailed on the plot plan. 2) Parking areas located as on plot plan. 3) Gas pump island under canopy as designated on plot plan. 4) Security lights at designated areas. Sincerely, - Dan Roberts I `1 • t. �. � o J 'r 4 ■ x " 1 t n � KENAI PENINSULA BOROUGH 80X 850 0 SOLDOTNA. ALASKA 00660 ,' 6PHONE 282.4441 July 24, 1985 G- - 10 i STAN THOMPSON j MAYOR City of Kenai 210 Fidalgo Street Kenai, AK 99611 REs Caro Subdivision, Vacation of a portion of South Ames Road, located in Section 2, T5N, R11W, S.M., City of Kenai Gentlemens In accordance with AS 29.33.220, no vacation of a city street and/or easement may be made without the consent of the city council. This vacation action has been approved by the Planning Commission, therefore, it is being sent to you for your consideration and action. The council has 30 days from July 22, 1985 in which to veto the decision of the Planning Commission. If no veto is received by the Commission within the 30 day period, the decision of the Commission will stand. Draft minutes of the Planning Commission and other related Information are enclosed. Sincerely, G.�S.B e a Planning Director GSBstn Enclosures ccs Carlton & Louise Green Kenai, AK 99611 � I N ' ' II 1 I I 1 i n PENINSULA CLARION KENAI PENINSULA BOROUGH PLANNING COi!M1SSION PUBLIC HEARING Public notice is hereby given that the following requests have been received to vacate easements for public roads, utilities, and/or rights -of -way: A.I. Uouest S Location: Vacation of a 20 foot utility and tr way easement, and to eliminate the 35 foot construc- tion ement note and setback line dedicated on Lot 1, Block 2, he Business Center Subdivision Part 1, Plat �80-90. subdivision lies south of Knight Drive, east of the Kenai r Highway, Section 29, T5N, R10W, S.M., City of Soldotna. , 2. Purnose: To enable'a scant to build closer to the property line. 3. Avolicants Michael P. McLane """— soldotna, Alaska 99 B.I. Recuest 6 Location: Vacation of a portion of South Ames Md, dedicatedon Caro Subdivision, plat 172-49, Section 2, T5N, R11W, S.M., City of Kenai. Subdivision is located between Beaver Loop Road and Angler Drive. 2. Puraose: To vacate portion of existing right-of-wa• which will not be necessary for the new alignment of Sout Ames Road. 3. Avoly icant: Carlton S Louise Green ■..,�,■� Kenai, Alaska 99611 Public hearing on these petitions will be heard by the Kenai Borough Planning Commission at the Borough Administration Building Soldotna, Alaska July 22, 1985, commencing at 700 p.m. Anyone wishing to present testimony concerning these petitions may do so at that public hearing or by submitting a written statement to the Kenai Peninsula Borough Planning Department, P.O. Box 850, Soldotna, Alaska 99669, for presentation to the Borough Planning Commission. For additional in:ormation, contact Jane Gabler, Planning Department, Kenai Peninsu:a Borough at 262-444:, ext 267. G. S. Best Planning Director PUBLISH 2Y (July 8 and 15, 1985) . 1 r ,� LOT Z p" CARO SUBDIVISION p• i 40 Oy Ay ^A tih 's4 NEW RIGHT OF WAY TO BE DEDICATED FOR SOUTH AMES 1 ev / 1 • .�� �p RIGHT OF WAY TO BE VACATED _� :�• „�► LOT 1 y CARO SUBDIVISION 2.083 ACRES 00 N H " T r_1 7_ i PLANNING COMMISSION MINUTES June 12, 1985 Page 7 made clear that the land is unfit for anything but parking and no buildings will be constructed at any time in the future. Mr. Craycroft cited the reason for the additional parking is that off- loading of the new vehicles creates hazards - the cargo vans have to park on the Spur Hwy while off-loading. Commissioner Carignan asked about the condition of the property - it is wet, very muddy, will need extensive fill just to be used for parking, therefore indicating that any improvements will be a better use. MOTIONS Commissioner Smalley moved approval of the concept lease application for the described property to Mr. Craycroft, seconded by Commissioner Osborne. VOTES Motion passed unanimously. NOTEs The following plats were taken out of order to accomodate persons waiting at the meeting. MOTION: Commissioner Smalley moved to take the plats out of order as noted, seconded by Commissioner Osborne VOTES Motion passed by unanimous consent e. Preliminary Plat PZ85-43s South Ames Rd. Dedication Property owners came to the City and discussed being included in the engineering, design, and potential construction of the road from the point where Ames Rd veers off the section line. The City agreed if the property owners organized themselves and platted a ROW along that portion. This plat is a result of that effort. MOTION: Commissioner Smalley moved approval of PZ85-43 with correction of negative findings and including staff comments (item 9 on resolution) seconded by Commissioner Osborne. VOTEs Motion passed unanimously. b. Preliminary Plat PZ85-39s Kos Circle Revised This plat adds 1 lot to an already existing plat. f, i r r! ; 1 �. PETITION TO VACATE !n Fees - $100 non-refundable fee to help defray costs of advertising public hearing. Plat fees are in addition to vacation fees. f!I;J Public right-of-way dedicated by ) rAe -i ,) //� I_J Utility easements granted by ) 7•�--.filed(Name of in v s on at Recording District '�0�°a, 1_1 Easement for public road or ) as set out in w right-of-way ) cuts recor e n ...,;,,� :_J Easement for utilities ) Recording Distr a*otaR Book page pla w-inp v44 !_J Section line easement �`�� uotd$�'4A 9 copies of plat or map showing proposed vacation. If right-of-way or easement were granted by document, submit Copy of document. Has right-of-way been full or partially constructed? (XJ yes or J_J no )tility easement being used by utility company? 1_1 yes or I%? no If so, which utility company. ?urpose of vacations /CATr' T,y,¢r ,r�s'�7-' o% P/L /v/"e—/= lid tl �1F� /c�D.4il ,�INli ,P/=i�i�� iT" i/Ylr LOT„f D• —41: ccl—yrIe660 le/0 s' 7— - ✓ 'c s a o -�_ 'etition to be signed by owners of majority of the front feet of land :routing part of streets section line easements or easement sought to 2e vacated. Each must include mailing address and legal description -i of his property. Submitted bys Name -IV Address ?�Dtioners to Vacations Name i 19 CLix 1`b . �- �- { c„_.��� �� �C! �'�'�'`-� R.• att�e +ddress �3 Z Address MINUTES RP8-Funningg Commission Meeting July 22, 1985 Page 3 AGENDA ITEM F. PUBLIC HEARINGS 2. Caro Subdivision, Vacation of a portion of South Ames Road, located in Section 2, TSN, R11W, S.M., City of Kenai STAFF REPORT STATEDs Purposes To vacate portion of existing right-of-way which will not be necessary for the new alignment of South Ames Road. Public Notice was published in the Peninsula Clarion on July 8 and 15. 1985 21 Cartified letters were sent (within 300 fast) A. No comments have been received from any interested government agency or public utility company. B. The Kenai Advisory Commission has reviewed the vacation at their July 10, 1985 meeting and recommend approval of the vacation. C. No letters of objection have been received. Findings of Facts 1. Sufficient ROWS have been dedicated to properly serve this area. 2. Realignment of R.O.W. is being provided to alleviate the need for this portion of the right-of-way. r- 3. No surrounding property will be denied access. 4. ROW is not presently being utilized for public utilities. STAFF RECOMMENDATIONSs Approve the vacation of a portion of South Ames Road, dedicated on Caro Subdivision. Subject to the followings 1. Plat should be prepared in accordance with Chapter 20. 2. Final approval and filing of plat showing ROW vacation. NOTES The Kenai City Council has thirty (30) days in which to veto the decision of the Borough Planning Commission on this vacation petition. END OF STAFF REPORT Mr. Troeger read the staff report outlining background and staff recommendations. Commissioner Ernst reviewed the rules by which the public hearings are conducted. Commissioner Ernst opened the public hearing. Hearing no testimony, the public hearing was closed. MOTIONS Commissioner Bryson, seconded by Commissioner Thorne. made a mown to approve the vacation of a portion of South Ames Road, dedicated on Caro Subdivision in accordance with staff recommendations. Hearing no discussion or objection, a roll call vote was taken. The motion carried unanimously. ]MAPPAO5Eri Suggested bys Planning 6 Zoning Commission CITY OF KENAI ORDINANCE NO. 1089-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING CERTAIN LANDS WITHIN THE INLET VIEW AREA TO SUBURBAN RESIDENTIAL TWO (RS-2) DISTRICT. WHEREAS, KMC 14.20.270 establishes a procedure to amend the Official Zoning Map of the City of Kenai, and WHEREAS, the rezoning petition has been received from Tom Thompson, bearing signatures of a majority of the property owners within the designated Inlet View area to rezone the referenced lands (per Exhibit A) from Suburban Residential and Rural Residential (RR) Districts to Suburban Residential Two (RS-2) District, and WHEREAS,'the Kenai Advisory Planning A Zoning Commission has conducted the required public hearing on September 11, 1985, and WHEREAS the Commission amended and recommended approval of the rezoning petition in accordance with Resolution PZ85-70. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows$ Section is Subject property consisting of those lands depicted in Exhibit "I" are hereby rezoned to Suburban Residential Two (RS-2) District. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of October 1985. I' - TOM WAGONER, MAYOR y 1 ti. I ATTESTS Janet Whelan, City Clerk r- First Readings September 18, 1985 Second Readings October 2, 1985 November 2 _ Effective Dates, 1985 jai ..I i 1� � •i � I _ ..pia. ����rc��i �• •I�L�3 A �F� +? �� �/ SMN,O M •w Y is 1 n I MEMO TO: Kenai City Council FROM: Charles A. Brown, Finance Director DATE: September 6, 1985 SUBJECT: Tax Receipts from Borough A request was made at the Sept. 4, 1985 Council Meeting that 1 report on the Borough's record of payment of taxes to the City. Property Taxes In past years, the Borough has made a payment in July or August, as an advance, of 40% of the expected August 15 taxes due. For instance, on August 20, 1984 the Borough paid the City $180,907. This year, the Borough did not make the advance payment. However, the first half of taxes have now been collected and the Borough has told me that we should be issued a check either today or next Friday. In my view, the advance on property taxes is not too significant, if we are paid shortly (i.e, 3 weeks) after the due dates. For instance, the lost interest is probably only about $1,200 for the one month wait between the advance date and normal payment date ($180,907 x 8% t 12). Also, unlike sales tax, this only happens once a year. Sales Tax In tTr-ee of the four quarters last fiscal year, the Borough paid the City substantial sums in sales taxes within 14 days after the due date. For instance, sales taxes for the quarter ending June 30, 1984 were due July 31, 1984. On August 14, 1984 we received a payment of $463,731. However, these payments were not based upon collections. The Borough says it needs at least six weeks after the due dates to record and account for collections. What they paid us was an estimate. This method was in effect until the quarter ending June 30, 1985, when no estimate was paid. For that quarter, we have received no payment (and it is now 36 days after the due date). The Borough appears to realize that waiting for them to reconcile all collections (at least six weeks) prior to payment is unfair. They have assured me that they will return to a method of estimating sales taxes, probably under a simpler method than they had used before. Therefore, we can again expect a sales tax payment within a week or two of the quarterly due dates. They seem amenable to this, and it should satisfy the City. I will advise Council if future results are other than I have described above. CC: Larry Semmens, Kenai Peninsula Borough CONSERVATION 437 E STREET, SUITE 200 ANCHORAGE, ALASKA 99501 September 4, 1985 %#Pm I V 274-2533 City of Kenai William Brighton 4�B• , "`. 210 Fidalgo Kenai, Alaska 99611 Dear Mr. Brighton: RE: Kenai Sludge Disposal In response to requests from Kenai Peninsula farmers and the Agricultural Cooperative Extension of the University of Alaska, the Department of Environmental Conservation has considered issuing a general permit to allow farmers to landspread treated sludge to enhance soil conditions. I have enclosed a copy of the public notice which will appear in several newspapers. W t commonta regnrA4ng thS Prongngde acce t d until Ru lic hearing will be held on October 1, 5 at the Kenai City Hall. Sludge from the Kenai sewage plant undergoes anaerobic bacterial digestion followed by flocculation and dewatering. Sludge treated in this manner Is highly suitable for agricultural use. The Department will require analytic testing of the sludge to insure that no hazardous levels of chemicals exist. Utilizing the sludge rather than throwing it away, should extend the life of the landfill and improve the quality of farm lands in the Kenai Peninsula. I look forward to seeing you at the public meeting. Sincerely, Hen Friedman Environmental Field Officer Enclosures HFslmc ces Kenai Peninsula Borough City of Kenai Walter Them, Cooperative Extension Service J PUBLIC NOTICE AND NOTICE OF PUBLIC HEARING STATE OF ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION An application for a Solid Waste Management Permit, under Alaska Statutes 46.03, has been received by the Department of Environmental Conservation. The details are as followss General Permit Proposed Activity: The controlled application of treated sludge from the Kenai Sewage Treatment Plant on land for the purpose of soil enhancement. Only dewatered sludge which has undergone a diges- tive process to significantly reduce pathogens and odor may be used. Sludge may not be applied in close proximity to residences or water bodies. Access to treated land will be restricted one month for grazing animals and 12 months for humans. Crops for direct human consumption may not be grown on treated land until IS months after applications. Location of Activity: Within a 30 mile radius of the Kenai Sewage Treatment Plant which is located on Kenai Avenue and Forest Drive. This Activity is Identified as 8520-BAO01 Any person wishing to present comments regarding this proposed permit may do = so by writing to the Department of Environmental Conservation, Southcentral Regional Office, 437 "E" Street, Suite 200, Anchorage, Alaska 99501, (907) 274-2533, by October 11, 1985. The Department will hold a public hearing on the proposed permit. i. r Any person interested in this proposed Solid Waste Management permit may appear and offer relevant oral or written testimony at the public hearing scheduled fors Citys Kenai Kenai City Hall Chambers places 210 Pidalgo Street Times 7 p.m. to 10 p.m. Dates October 1, 1985 I Dated at Anchorage, Alaska this day of , 1985. I Bill H. Lamoreaux Regional Supervisor � 1 4 :. I •h (7. �•.l� J:r ••. Niw'..'�'. .. w -,.y �..�_. .. .rti ... .. .. . •. .r..W ..�...«.. ... _ _ ti- .. .. BILL SHEFFIELD, GOVERNOR r DEPT.OF EN VIRON MENTAL CONSERIIATION SOUTHCENTRAL REGIONAL OFFICE 274-2533 437 E STREET, SUITE 200 ANCHORAGE, ALASKA 99501 September 4, 1985 Walter Them Cooperative Extension Service Box 1779 Soldotna, Alaska 99669 Dear Mr. Them: REs Kenai Sludge Disposal In response to requests from Kenai Peninsula farmers and the Agricultural Cooperative Extension of the University of Alaska, the Department of Environmental Conservation has considered issuing a general permit to allow farmers to landspread treated sludge to enhance soil conditions. I have enclosed a copy of the public notice which will appear in several newspapers. Written comments regarding the proposed permit will be accepted until October 11, 1985. A public hearing will be held on October 1, 1985 at the Kenai City Hall. Sludge from the Kenai sewage plant undergoes anaerobic bacterial digestion followed by flocculation and dewatering. Sludge treated in this manner is highly suitable for agricultural use. The Department will require analytic testing of the sludge to insure that no hazardous levels of chemicals exist. Utilizing the sludge rather than throwing it away, should extend the life of the landfill and improve the quality of farm lands in the Kenai Peninsula. I look forward to seeing you at the public meeting. Sincerely, F-71 I �r,.,,`• Aenr riedman Environmental Field Officer Enclosures HFslmc ccs Kenai Peninsula Borough City of Kenai Walter Them, Cooperative Extension Service r J h � - s L �'_ . - L�~� ' _ ��� BILL SHEFFIELD, GOVERNOR -- , CONSER"TION 274-2533 437 E STREET, SUITE 200 ANCHORAGE, ALASKA 99501 September 4, 1985 ty of Kenai Lliam Brighton D Fidalgo nai, Alaska 99611 ar Mr. Brighton: : Kenai Sludge Disposal response to requests from Kenai Peninsula farmers and the Agricultural )perative Extension of the University of Alaska, the Department of vironmental Conservation has considered issuing a general permit to Low farmers to landspread treated sludge to enhance soil conditions. save enclosed a copy of the public notice which will appear in several ispapers. Written comments regarding the proposed permit will be septed until October 11, 1985. A public hearing will be held on October 1985 at the Kenai City Hall. :dge from the Kenai sewage plant undergoes anaerobic bacterial digestion llowed by flocculation and dewatering. Sludge treated in this manner highly suitable for agricultural use. The Department will require :lytic testing of the sludge to insure that no hazardous levels of amicals exist. llizing the sludge rather than throwing it away, should extend the life the landfill and improve the quality of farm lands in the Kenai :insula. look forward to seeing you at the public meeting. Sincerely, l'^.w Hen Friedman Environmental Field Officer :losures lmc Kenai Peninsula Borough City of Kenai Walter Them, Cooperative Extension Service 5 DEPT. OF ENVIRONMENTAL CONSERVATION SOUTHCENTRAL REGIONAL OFFICE 437 E STREET, SUITE 200 ANCHORAGE, ALASKA 99501 September 4, 1985 BILL SHEFFIELD, GOVERNOR 274-2533 Kenai Peninsula Borough Nowland Bambard P.O. Box 850 Soldotna, Alaska 99669 Dear Mr. Bambard: REs Kenai Sludge Disposal In response to requests from Kenai Peninsula farmers and the Agricultural Cooperative Extension of the University of Alaska, the Department of Environmental Conservation has considered issuing a general permit to allow farmers to landspread treated sludge to enhance soil conditions. I have enclosed a copy of the public notice which will appear in several newspapers. Written comments regarding the proposed permit will be accepted until October 11, 1985. A public hearing will be held on October 1, 1985 at the Kenai City Hall. Sludge from the Kenai sewage plant undergoes anaerobic bacterial digestion followed by flocculation and dewatering. Sludge treated in this manner is highly suitable for agricultural use. The Department will require analytic testing of the sludge to insure that no hazardous levels of chemicals exist. Utilizing the sludge rather than throwing it away, should extend the life of the landfill and improve the quality of farm lands in the Kenai Peninsula. I look forward to seeing you at the public meeting. Sincerely, He Friedman Env ronmental Field Officer Enclosures HFsimc cc: Kenai Peninsula Borough City of Kenai Walter Them, Cooperative Extension Service 0 A/ F-0 Xznui eornmunit y ..L'd wz y A PUBLIC LIB1iAHY IN BQR = GINCQ 1949 163 Main Street Loop KENAI, ALASKA 99611 POLICIES GENERAL LIBRARY OBJECTIVES The Kenai Community Library will endeavor a. To provide free service to every resident in the community. b. To support the Library Bill of Rights and the ALA Freedom to Read Statement. c. To assemble, preserve and administer books and/or other library materials. _ d. To serve the community as a center of reliable information. e. To keep the library open 6 days a week for at least ! a total of 57 hours. r / MATERIALS + Books and other library oriented materials will be added to the present collection to provide information, enter- _ tainment, intellectual development and enrichment of all the people of the community. PERSONNEL Salary schedule, holidays, vacation and sick leave shall conform to those rules outlined in the Personnel regulations of the City of Kenai. BUDGET, OPERATIONAL The budget shall be presented to the city by the library staff. BUDGET, CAPITAL IMPROVE14131ITS The initiation of a budget for Capital Improvements shall be done by the Library Commission appointed by the City of Kenai. BOOK SELECTION The management of this library recognizing the pluralistic nature of the community, the varied backgrounds and the needs of 1 all citizens declares as a matter of book selection policy that: J a. Books and/or library material selection is and shall be vested in the librarian. Any book and/or library material so selected shall be held to be selected by the commission. i BOOK SELECTION cont'd. !^ b. Selection of books and/or other library material shall be made on the basis of their value of interest, infor- mation, and enlightenment of all people of the commun- ity. No book and/or library material shall be excluded because of race, nationality or political and -social views of the author. t c. This commission believes that censorship In a purely individual matter and declares that while anyone is free to reject for himself books which he does not approve of, he cannot exercise this right of censor- ship to restrict the freedom to read to others. d. This commission defends the principles of the freedom to read and declares that whenever censorship is in- volved no books and/or library material shall be re- moved from the library save under the orders of a court of competent jurisdiction. e. This commission adopts and declares that it will adhere to and supports 1. The Library Bill of Rights, and 2. The Freedom to Read Statement adopted by the American Library Association, both of which are made a part hereof. Gifts will be accepted with provisions as to addition to the collection upon examination of materials. Non -usable gifts r will be given the disposition that is of most value to the library.• . r PUBLIC RELATIONS fl Cooperation will be given to other libraries to advance the usage of all libraries and to provide additional services to the readers of our community, and to publicize the value of library services to all. -2- GOALS OF THE LIBRARY COMMISSION GOAL &. Review and implement a master plan of the library during 1985. Objective 1: Expansion of the present physical plant by 5000 to 10000 square feet within the next five to ten years. GOAL 11. Make recommendations to the council regarding capital and other improvements to the library. Objective 1: Examine the feasibility of an in - house computer catalogue and automated charge system during 1985. Objective Z,: Increase the number of public use typewriters and computers during 1985 and increase utilization thereof. Objective 1: Completion of a comprehensive building security system for the library by the end of 1986. Qbjective qs By 1988, examine the feasibility of a satellite library given population growth and changes in population density. Objective 5s By 1989, explore the feasibility of a bookmobile for local service use. 2ML Q. Make recommendations to the library and council to improve library services. Objective 1s By 1987, increase the frequency of utilization of the activities' room. Objective 2s By 1987, increase library personnel including but not limited to, a research librarian. Objective 1s By 1988, consider the feasibility of a librarian show on local television or public radio for example, the story hour program. Qbjective is By 1988, increase interlibrary loans. Objective gs By 1989, increase the number of library patrons by increasing the number of library cardholders and exploring the feasi- bility of telecommunications as a means of increasing patronage. Objective fL: By 1987, increase outside fiscal support of the library and its services, for example fund raisers, the purchase of a particular piece of equipment by a community business, or obtain support from community organizations on a one time basis. Objective Zs By 1986, increase public recognition of volunteer efforts and paid staff. ') Objective j As By 1986, increase public awareness of the library and its services through the local media. J fi i ,� LIBRARY COMMISSION GOALS AND OBJECTIVES PAGE 2 Objective J: By 1988# consider the feasibility of additional loan programs for example, apecializcd toysp compact audio discs, or pieces of art. Objective Us By 1987# examine the feasibility of user fees or deposits on large equipment or items such as typewriters. Objective Ill By 1988, obtain VHS videotape capability with head phone use for educational programs and other VHS materials available for library use. Objective ;It By 19901 explore the feasibility of a reference librarian. In addition, this could be utilized for an information or reference call in service within the library. i . ' - ~ | � '. , | . . � � ] W SCP rs8S • �iya Vl`YarM I T EP A Pbctks Dept. OF KENAI r A) -.A N0 : Three Project SPRUCEWOOD GLEN SUBDIVISION L.I.D. 1985 I ' Contractor Zubeck, Inc. Address 7983 Kenai Spur Highway i Kanallast a 99611 Project No. 84-4047 +f Phone �>+a_z991 Period From 8/29/85 to 9/4/85 I y i ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE .-OI Original contract amount $168,073.00 ONet change by change orders - 0 Adjusted contract amount to date ANALYSIS OF WORK COMPLETED O4 Original contract work completed .$} -s }g;gg• /(Oj,2IS,00 OS Additions from change orders completed © Materials stored at close of period --- OTotal earnedO+O+(66 - ,�. i!Gp�a�g-, vo" (s) goo/o, 95' O8 F�Ere Less retainerg a of ts Lief'percent � I 0 Total earned less retainageO7 -() - 10 Less amount of previous payments (143,210.70)'� �~ ©1 Balance due this payment cc: Contractor FOR CoutjWL, M1IEE1.•... Zubeck, Inc. �] wr titY t•1gr. —© attorney �✓'Mie works ---(� city clerk Engineer McLane 6 Associates ✓prnargo ,.V --� O►i0inri To-L cubmitug BY--�— Council oK r1N0 nyes Ck� -- - PAY ESTIMATE N0:umm SPRUCEWOOD GLEN SUBDIVISION L.I.D. 1985 CERTIFICATION OF CONTRACTOR According to the best of my knowledge and belief. I certify that all items and amounts shown on the face of this Periodic Estimate for Partial Payment are correct; that all work has been performed and/or material supplied in full accordance with the requirements of the referenced Contract, and/or duly authorized deviations, substitutions, alterations, and/or additions; that the foregoing is a true and correct statement of the contract account up to and including the last day of the period covered by this Periodic Estimate; that no part of the "Balance Due This Payment" has been received, and that the undersigned and his subcontractors have -(Cheek APPOi•ablo title) a. ecomplied with all the labor provisions of said contract. b. M Complied with all the labor provisions of said contract except in those instances where an honest dispute exists with re- spect to said labor provisions. (it (b) is checked, describe briefly nsture of dispute.) ' 1 By Zubeck, Inc. °tot) (signature of Authorised Representative) *i CERTIFICATION OF ARCHITECT OR ENGINEER I certify the I have checked and verified the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it is a true and correct statement of work performed and/or material supplied by the contractor; that all work and/or material included in this Periodic Estimate has been inspected by me and/or by my duty authorized representative of assistants and that it has been performed and/or supplied in full accordance with requirements of the reference contract; and that panial payment claimed and requested by the contractor is correctly computed on the basis of work performed and/or mate- rial supplied to date. Is IL Sijned McLane VA1"86ei&WW@ ) Date A?. AQ • 8S PRE -PAYMENT CERTIFICATION BY FIELD ENGINEER Check iYPe of PSYntent ce►fittedt 1 have checked this estimate against the contractor's Schedule of Amounts too, Contract Payments, the notes and reports of my in, of the project. And Cho periodic reports submitted by the architect/en)tinecr. It is my opinion that the statement of work pperformed And/or materiels supplied is accurate, that the contractor is observing the requirements of the contract. and at the contractor should be paid the Amount requested Above. LE eertify that all work andr'or materials under the contract has been inspected by me and that it has been performed and .'at sup- plieJ in f 11 accordance with the requirements of the contract. 14, & 9•/0•� McLane b ASSOciateWuid Engineer) te,te) Approved (Contracting officer) (veto) 1. r r n / Y tr: iIt�ILIVL� city of KOnal PAY p` `Q.��oi Mgt E N 0 : one CITY OF KENAI (McCollum, Aliak, Princess / r (Cinderella, Fox, No. Linwood (Magic, Hutto, Japonski Project MAP Project (and Kenai Spur Highway i Contractor zubeck, Inc. I Address 7983 Kenai Spur Highway Kenai, AK 99611 Project No. 85-4022 Phone 283-3991 Period From August 16 to Sept. 6,1985 ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE Original contract amount $1,663,095.00 / -O2 Net change by change orders 0 Adjusted contract amount to date ANALYSIS OF WORK COMPLETED ® Original contract work completed $ 75,900.00 ' O5 Additions from change orders completed --- Materials stored at close of period _ 283,005.17 ' O7 Total earnedO4 +O5 +O6 - $358,905.17 ® Less retainage of tea (io) percent (35,890.52)' O9 Total earned less retainageO7 -O= $323,014.65 0 Less amount of previous payments ©1 Balance due this payment $323,014.65 ^/ CAD tnuucu IdcGilu.m ne ••••• ..vilLracLvr ---- ----- =-la Cloy NW, ---fa' Altair" LIo b jc Wow •—[■.foiity Clark Engineer McLane b Associates W —I-3 --�;. orioiul ro "� submlttea iyr • Cwnei► ox 170 [jyes ck- - n A r' a .^`D },,:ft�...i,ii•...♦ �wY/�.ei t.�.,.. rw{l.,i:,t r PAY ESTIMATE MAP Project Page 2 of 14 H0 • One CERTIFICATION OF CONTRACTOR According to the best of my knowledge and belief, I certify that all items and amounts shown on the face of this Periodic Estimate for Partial Payment are correct; that all work has been performed and/or matarisl supplied in full accordance with the requirements of the referenced Contract, and/or duly authorised deviations. substitutions. alterations, and/or additions; that the foregoing is a true and correct statement of the contract account up to and Including the last day of the period covered by this Periodic Estimate; that no part of the "Balance Due This Payment" has been received, and that the undersigned and his subcontractors have•(chook app'rrablo Irno) a. Complied with all the labor provisions of said contract. b. [] Complied with all the labor provisions of said contract except in those Instances where an honest dispute exists with Is. spoet to said labor provisioas. (it (b) Is Checked, describe brisity nature of dlspu @b) �r C� Zubecks Inc. ° recto►) By (Signature of Authorised Repnaentative) y • � .19 G-- Title CERTIFICATION OF ARCHITECT OR ENGINEER I certif Aygthot 1 have Chocked and verified the above sad foregoing Periodic Estimate for Partial Payment; that to the best of my work sand/or material included in and PeriodictEstimate h s be a rinspeeted band/or me and/or supplied d by the prizesocontractor; that oil assistants and that It has been performed and/or supplied in fall accordance with requiremeynt* myduty the reference coniiac nondve or that partial pay ent clsimed and requested by the contractor is Correctly computed on the basis of work performed and/a mate- rial supplied date /� Signed • e -APA4 64017 Orch9/t!� itoge or / 8t�,airt.•►> McLane b Associates Data , PREPAYMENT CERTIFICATION BY FIELD ENGINEER Check type of payment Cart/lledt CO 1 have Checked this estimate against the contractor's Schedule of Amounts for Contract Payments, the notes and reports of my inapeerions of the /,0iect, and the periodic reports submitted by the atchirect/engineer. It is my opinion that the statement of work pPerfotmed and/or materials nupplied is accurate, that the contractor is observing the requirements of the contract. and At rite Contractor should be paid the amount requested above. 0 I1 certify that all work and 'or materials under the contract has been inspected by me and that it has been pgtformod and/or *up - Plied injull;otdance %!l1�777sssii'�rrr `fie with requirements of the contract. Q / Q (Yield Engineer) McLane & Associates iAr (I(.,.) Approvvd _ (Contracting officer) (beta) M { f� . Lr' W iNCEf - COR l HELL a BKYSON �• ,1.. /Y 1 " ✓ CONSULTING ENGINEERS y 0 Sox 1041 907.1t� 467II•. C ^ , �.� NOW, ALASKA `tr198S 1 ,. Ctfy 1. 1(--III ;) September 11, 1985 ?� ' � l�C"•� ;- 1 84-42 0 City of Kenai `���c ..." •/, 210 Fidalgo Street Kenai, Alaska 99611 Attention: Keith Kornelis Subject: Billing for Standard Road Improvements Inseection-Including Richfield Drive Please consider this invoice for inspection Survices provided for the subject project.through Sept. 10, 1985. Engineer I 53 hrs @ S 55.50'' $2941.50 ' Engineer III 83.5 hrs @ $ 47.00' $3924.50 ' Engineer IV 77.0 hrs @ $ 38.50' 02964.50 i Technician 159.0 hrs @ $40.50 / $6439.50 ' Surveying Invoice 84-106 (1) $4990.00 +10%.. 05489.00 Invoice 84-106 (2) $2210.00 +10i $2431.00 " Invoice 85-090 (1) $3120.00 +10% $3432.00 Soil Testing invoice $1165.00 +10% - $1281.50 mileage 1003.00 Mi. @ 0.35/Mi ' $351.05 Amount Charged to Contract $29,254.55 ' Previous Payments Amount Due R"6.15 f- �t y- C .6,488.404- I certify that the above charges are correct and no payment has been received therefore. Very Truly Yours, r� WINCE-ODRTNELL-BRYSON Philip W. Tyson ,;41 / fillip W trygo ► t Aloe H Cor/holl I t ; I Io 1 rwk `toosovab MUOU4 OF L7 Lay ow. ----[] Attan" 5-uLnC irWarks City Ckrk •ram-f�nsrsu "—CI t)►lgirul T�:ubmittt0 B� L'Wntil OK (Jto (]Ycs Ck—. fresh W Wlneo ► t i ' !!i 1 I t I �' 'VZYIN G ;ox 566 ► `.'N/,!. AK y961,, Komi, tic. rySo+t 0 /0 /85 stataner.t 83-C Ric?eie:C &- ve cMitrxt=.-^ rta%'^g /work to date cOntrO' stationing 1.6 ,ts.-io is , s,:! t grace ; s_ox) stakes 8/27 ,,...,n, 1 ors. 840 00 A-sc�.tim, mrc grace stnkap G M-1, ;' tars. 1080.00 tot3'- wo-d i 4 • r 3120.00 lb 10 w �I I a 1 .J 1i F-4 - CITY OF KENAI 210FIDALCIO KBNAI.ALASKA 00611 TREPHONB 283 7536 August 29, 1985 TOs Bill Brighton, City Manager FROMs Jack LaShot, City Engineer 09 REs Airport Main Apron As you know, there has been some concern as to whether the D-1 material being used by Kodiak Construction on the airport project meets specifications. Attached are letters and testing results from Mike Touriainen, P.E.1 our inspector and testing firm for the project, and from McLane do Associates. The latter was requested by Mayor Wagoner, as I understand. The aggregate testing consists of two partss gradation and fracture count. Both firms achieved passing tests with respect to gradation, however, differed on fracture count. This test, unlike gradation, is very subjective in nature and would not be considered unusual for two different people counting fractures to achieve a significant difference using the some material. In any event, it is agreed by both testing firms and myself, that there is nothing economically feasible to physically improve the quality of the material. Due to FAA design guidelines, the required 12" of 0-1 appears to be more than adequate to insure a sound structural section. I have chosen not to delay the paving of the apron (tentatively scheduled for tomorrow) to avoid any Potential delay claims from the contract. It is also my opinion that the resulto of the firm retained by the City to perform testing and inspection for this project should be adhered to. If the City could prove the material to be out of spec, the only possible benefit to the Citv would be a small credit to the contract. Due to the subjective nature of the test, the argument could continue indefinitely and cost the City more than the potential return. Please let me know if you want me to pursue this matter further. JL/sw ccs Keith Kornelis 1 •LJ dip • MoLANiZ 8 A690CIAT86, INC. PROFESSIONAL 90NEERS, SLPMOR8 & PLANNERS August 27, 1985 1 PROJECT! M A-r� WC 1905 ' hE!!! City of Kenai Public Works DePL Mr. Keith Kornelis Public Works Director �u�` •.,t,; t�''�• City of Kenai Gti 210 Fidalgo Kenai, AK 99611 RE: KENAI MUNICIPAL AIRPORT PARKING APRON Dear Mr. Korneliss Per the request of Mr. Jack LaShot, five (5) samples (80 pounds each) were extracted from the crushed aggregate on the subject apron. The five samples were split and one-half of each sample was delivered to Northern Test Lab per Jack's request. Mechanical analysis and fracture count were conducted on the remaining portion of each sample. Results of these tests.are attached. A comparison of these samples to the specifications indicate that all samples are acceptable with respect to gradation. None of the samples resulted in a fracture count equal and/or greater than the minimum 75% double face fracture per the specifications. However, all results were within less than five percent (5%) of the minimum. It is my understanding that the depth of crushed aggregate is 12 inches minimum and will be subjected to loading of larger aircraft. After Jj reviewing the results and the proposed usage, it is noted that a ..i single face fracture well exceeds a value of SOX. It is my opinion that the lack of double face fracture will not significantly reduce the stability and/or bearing capability of the crushed aggregate course. It is further felt that any physical corrective measure at this point will be potentially more detrimental to completion of the work and excessive in cost. However, the material tested does not most those specifications as set forth in the contract and therefore the owner should be compensated with some form of remuneration and/or price reduction. Sincerely, +bA400 Bruce Robson, P.E. Vice President BR/lc P.O. BOX 46B SOLOOTNA. AK 9H9e9 907-263-4216 i PROJECT: KENAI AIRPORT APRON CLIENT: City of Kenai X 0-1 Base Summary Sheet Type E Subbase Summary Sheet Type 8 Subbase Summary Sheet DATE R-26 A-211 A_7A A_94 • A_Ih STATION 131.50 1 30.50 1 26.50 23.50 21.00 flIRU OFFSET '601t 290'Lt 250'Lt 100'Lt 225'Lt TAKEN BY % Passing 3" LJS LJS LJS LJS LJS `SAlit SAp2 SAp3 SA#4 SA#5 JOB 2" SPECS 1 " 100 1 0 TOO 100 100 100 1" '100 100 1 100 100 100 100 3/4" 97 99 96 1 94 98 0-100 1/2" 86 86 84 84 87 3/8" ! 8 78 76 75 78 -80 /4 57 8 54 54 56 35-65 HRXXLT fa 44 40 41 40 50 /20 r 1 28 28 27 12 11 12 it 10-30 i80 7 7 7 7 1200 4.21 4, 4.1 H4.9 4.8 3-10 OUBLE FACE FRACTURE71.3% 70.7% 71.3% 74.3% 74.6% 75% minimxn. COMMENTS: -Five samples taken by LJ Schmidt & H. Knackstedt on 8 24 85 0 0830 hrs. MinlimA sample size was 80 pounds. Samples were taken frcn 0" to 10" below ton of D 1 Pictures were taken of each hole CFR-T is distance left of 5'^'lt base lines Minim—n gradation size was twenty pounds lis r i --a. Laboratory Supervisor: r I r f' F i - r L i _ i � r w 1 . ©OM 937 SOLOOTNA ALAfiR A 00WO CONSULTING ENGINEER 1901P4317-40;?4 r FA lke"Mriai nor.. •E August 20, 1985 R0�?!?^,,, 7s-2 Ss5 Mr. Jack Lashot ... City Fhgineer VFA Box 580 � Xgtpl r Renal, Alaska 99611 g COL.. Subject: Main Apron ExtaJ6JSJJJM1cw, Street Extension i City of Kenai Material Report -- i Jack: We are in receipt of a letter dated August 12, 1985 from Don Brown, a local Contractor who is not associated with the Main Apron Extension Project who apparently independently tested the project leveling course materiaL Attached to the letter were testing results of material samples reportedly taken from the grade of the main apron. Results were from two local labs and both labs reported non -conforming material in both gradation and fracture. The purpose of this letter is to review the testing program that was established at the beginning of the project and to detail the material testing that has been accomplished to date. The anticipated gradation testing for the project was 1 test per 5000 CY of leveling course delivered However, the actual testing rate to date has been approximately 1 per 1400 CY. The crushing operation for this project began in mid July. Our testing program for this material began on July is, 1985. Our initial tests showed nonconforming material was being produced either in gradation or in two face fracturs Testing was conducted nearly on a daily basis, taking belt samples for testing Twelve project samples were collected by Northern hest Lab personnel and tested for both gradation and for percent fracture. Of the 12 tests, 5 met specs. and 7 failed The 7 failing tests all had passing retests taken subsequent to the failing tests. All the samples taken with the exception of one composite stockpile sample were from the conveyor belt. F The failing tests were alternately out of spec. on the 3/8 sieve or in fracture count. Two of the failing tests were out of spec. in both 1 gradation and in fracture. Overall, when all 12 test results are 4; viewed as a single test by averaging the results, the sample size increases, the sample time increases and a more broader picture of --T i the quality of the leveling coarse is obtained I ,i i 0 We have summarized and averaged the results of the 11 belt samples and 1 stockpile sample. The results are tabulated below. Sample No. Sieve 1 2 3 4 5 6 7 8 9 10 11 12 Ave. Spec. 3/4 97 99 98 98 97 98 94 97 98 98 99 99 98 70 - 100 3/8 73 87 81 82 80 81 66 71 77 81 80 80 78 50 - 80 #4 49 65 61 63 59 60 46 50 55 63 54 55 57 35 - 65 #8 35 50 46 48 42 45 33 37 42 50 41 41 43 20 - 50 #50 13 14 15 14 12 13 10 13 10 11 9 9 12 10 - 30 200 5.2 5.2 6.6 6.4 5.3 4.6 4.5 5.9 3.4 3.1 3.4 4.2 4.8 3 - 10 *Fr 70 83 74 77 70 72 79 80 78 84 80 70 76 75% * 8 of two Fracture. All numbers in % It is evident that not all the above tests are parsing A single failing test means that the material at that part.Lcular instant on the conveyor was noir-conforming. A series of tests as shown above, should be taken in aggregate with the average cf all tests as a meaningful result. It is our opinion that the testing program that has been accomplished to date is adequate and reveals that the material meets the general requirements esta4lished in the contract documents. We have recently taken a composite sample cf the leveling course material from ranchmly recorded locaticne on the graC'6 The results are as follows: Sieve Size 8 Passing Specification 3/8 78% 50 - 80% #4 57% 35 _ 65% #8 43% 20 - 50% #50 129 10 - 30% #200 5.3% 3 - 10% Fracture 75% 75% Because cf the subjective nature of the fracture count, the same sample was tested by two separate technicians with counts of 74 and 76%. r' Based on our initial testing and on the recent composite sample taken from the grade, it is our opinion that the leveling course meets the project requirements. If you have any questicns or comments on the above, please dD not hesitate to call. Bin y, David Johnson 4a 1 !, r, l � �II � JJi I J, 1 PAY ESTIMATE N 0 : .�,/ CITY OF KENAI Project STANDARD DRIVE, THOMPSON PLACE - 1984 ROAD IMPROVEMENTS Contractor Central Alaska Construction Address P. 0. Box 1594 Soldotna, Alaska 99669 Project No. Phone 776-5515 Period From to ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE Ol Original contract amount 0178,928.50 O2 Net change by change orders l0 7 9le0.ow O3 Adjusted contract amount to date _ i,2" y 4,12 3 ANALYSIS OF WORK COMPLETED ® Original contract work completed OS Additions from change orders completed © materials stored at close of period O7 Total earned( +O5 +0a g % percent 5' % Z v 8 Less retaina a of OTotal earned less retainage O9 -0- 10 Less amount of previous payments ii Balance due this payment 19 63F6--/0 cc: Contractor Central Alaska Const lction FOR c0uabtt rn 91114 OF q./ �s �' Clty MW --o attorney Engineer htwre works ..---#] city Clerk s Wince. Cgrtheli. Srvaen nan,�� Original To . -:uWAW By-1--�+ coma OK 1740 [jyes Ck-- J t Paf;e 2 of S PA Y ESTIMATE N 0: 5 STANDARD DRIVE, THOMPSON PLACE 1984 ROAD IMPROVEMENTS CERTIFICATION OF CONTRACTOR According to the best of my knowledge and belief. I certify that ail items and amounts shown on the face of this Periodic Estimate for Partial Payment are correct; that all work has been performed and/or material supplied in full accordance with the requirements of the referenced Contract, and/or duly authorized deviations, substitutions, alterations, and/or additions; that the foregoing is a true and correct statement of the contract account up to and including the last day et the period covered by this Periodic Estimate; that no part of the "Balance Due This Payment has been received, and that the undersigned and his subcontractors have•(check applicable fine) a. complied with all the labor provisions of Said contract. b. C Complied with all the labor provisions of said contract except in those instances where an honest dispute exists with to. specs to said labor provisions. (11 (b) Is checked, describe brfeffy nature of disPure.) _ en ralAlasica(Umali"ction (Stsnsture a Ala In , �I9�j� .�,�q.�i pnuaattrq &Title �"���L �" c' c , CERTIFICATION OF ARCHITECT OR ENGINEER I certify Chet 1 have checked and verified the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledga and belief it is a true and correct statement of work performed and/or material supplied by the contractor; that all work and/or material included in this Periodic Estimate has been inspected by me and/or by my duty authorized representative or assistants and that it has been performed and/or supplied in full accordance with requirements of the reference contract; and that partial payment claimed and requested by the contractor is correctly computed on the basis of work performed and/or Marc - vial supplied to date. Sip)ed t Wince, COeMTit; Bt"b% Date PREPAYMENT CERTIFICATION BY FIELD ENGINEER ehee rpe of Peratent eertwedr EL;r( have checked this estimate against the contractor's Schedule of Amounts for Contract Payments, the notes end reports of my Inspections of the prujrcc. and the periodic reports Submitted by the architect/engineer. It is my opinion that the Statement of work performed and,•'or materials Suppliud is accurate, that the cuntractor Ir observing the requirements of the contract, ,end that the contractor should be paid the amount requested above. Icertify that all work and 'of materials under the contract has been inspected by me and that it hat. been;vt)ormrd andiar sup. Plicd in full accordance with the tequirrments of the contt wt. Wince, Cott ell, avgeofain ) (Otte► Approved _ (Cuntracuns Ottieert fOea) SW F0 - � YOX927 *0Lw?NA,A6A9xA oflaa0 C NSULTING ENGINEER 1007100p-408Q Mlke p alnen 7OEO September I0, 1985 city .-,� :ral fl�C �L"•�.'�`�GGf�. �'��7 B�$TEbIBdQT Keith Kornelis Director of Public Works City of Kenai Box 580 Kenai, Alaska 99611 Airport Main Apron Extention CAD Project No. 85043 Progress Billing thru August 18, 1985 '• i �' Professional services , Engineer I - 4.0 Hours 0 $67" $ 268.0010 Project Engineer - 114.5 Hours 0 057' 61526.50' r Inspector - 187.5 Hours 0 040' 7,500.00' - 89.0 Hours (OT) 0 050 4,450.00' Technician II - 5.0 Hours @ 042' 210.00 -1 Technician In - 29.5 Hours 0 $27"' 796.50- Secretary I - 4.0 Hours 0 828- 112.00 - , Davis Bacon Rates r 2 Man Survey Crew - 42.0 Hours 0 $105' 4,305.00 - Regular Rates 2 Man survey Crew - 10.0 Hours 0 $87 870.00" $25,038.00 Expenses Mobile Field Office - 38 Days 0 $10 / 380.00 Total Amount Due This Billing 825 , 418.00 p f f p FOR COU"IL MILftNG OF Mgr. .--.-r] AtWney a��te%�[jtWorks ---r c�jty�cte�nc� R ix 1/;!�� <' vo►, �� ��. /nll Ofiatnat T7v�y Submit 0 By—Gf� Council OK 1719 (JYc. - — _.. ck_� I A � PAY.ESJIMATE CITY OF KENAI T= /V PO - 9 If NO: 4 / 'G d1 r��%��iJr �oq .>0 1 Project KENAI MUNICIPAL AIRPORT MAIN �+ APRON EXTENSION & WILLOW STREET EXTENSION Contractor Kodiak Contractors, Inc. Address P. 0. Box 1954 Bellevue. WA 98009 Project No. Phone (206) 827-2955 Period From 8 13 85 to 9 8 85 ANALYSIS OF ADJUSTED CONTRACT MOUNT TO DATE 1 Ol Original contract amount $1,649,884.00 'O2 Net change by change orders 337.53 O3 Adjusted contract amount to date $1,650,221.53 ANALYSIS OF WORK C014PLETED OOriginal contract work completed 1 240 559.40 OS Additions from change orders completed 14.875.53 JA,g15,53 © Materials stored at close of period Total earnedO+OS + 6O■ Less retainage of 1TI. percent 1.2.1.543,49 OTotal earned less retainageO-O= — "2q *ft-t4 1,Ig --1yq'4 i ltti Less amount of previous payments 855,342.90 j i I1 Balance due this payment 274,548Y54r r G • r a r� 1 cc: Contractor Kodiak Contractors, Inc. FUR couauL',IEFTUJG OF L�$� ;Ct isy rrfq,. J Attomty ,_. ' ._ Engineer Mike Tauriainen, P.E. , �LllC LYork; city Ck* . 1, in —emu I 84411181 roA84/-"ubmistt0 S�rL ij Council OK OF!o nYes Ck j 4 t .r :.L i' : 1 P. 2 o f 9 PAY ESTIMATE N 0 : q__ KENAI MUNICIPAL AIRPORT MAIN APRON EXTENSION AND WILLOW STREET EXTENSION CERTIFICATION OF CONTRACTOR According to the best of my knowledge and belief, I certify that all items and amounts shown on the face of this Periodic Estimate for Pattial Payment are correct; that all work has been performed and/or material supplied in full accordance with the requirements of the referenced Contract. and/or duly authorized deviations, substitutions, alterations, and/or additions; that the foregoing is a true and correct statement of the contract account up to and including the last day of the period covered by this Periodic Estimate; that no part of the "Balance Due This Payment' has been received, and that the undersigned and his subcontractors have -(Check npp't•abfe fill.) a. _ ompiicd with all the labor provisions of said contract. b. Complied with all the labor provisions of said contract except in those instances where an honest dispute exists with Sir - specs to said labor provisions. (11 (b) is checked. describe effefty nature et dispute.) By A91 ilawmis—_7 " / oe ._ - Kodiak C09>rt1,I Ofiftors, Inc. (Signature of AuthorisedRepresentative) L1.19.�5Tide ��t�rGT /i�I/AtjAr,tR0 CERTIFICATION OF ARCHITECT OR ENGINEER - 1 certify that 1 have checked and verified the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledgge and belief it is a true and correct statement of work performed and/or material supplied by the contractor; that all work and/or material included in this Periodic Estimate has been inspected by me and for by my duty authorized representative of assistants and that it has been performed and/or supplied in full accordance with requirements of the reference contract; and that partia symen laimdd and requested by the contractor is correctly computed on the basis of work performed and/or mate• fiat snpp a o da e Sijned , Cate PRE -PAYMENT CERTIFICATION BY FIELD ENGINEER Check We of paYwent cerrttfedr C t have checked this ustim.tto against the contractor's Schedule of Amoutita for Centroct Povmenrs, the notes and reports of my inspections of the protect. and the periodic reports submitted by the architect 'engineer. It is my opinion that the statement of work perrormed and 'of materials vuppliuj is accurate, that the contractor is observing the ruquirumunts of the contract, and .that the contractor shuulJ be paid the amount requested abovu, 1 cettifv that all work and 'nr material% under the cunttact has burn inspected by me and chat it haw burn pefrofin(!J and of sup- plied to Suitt Alf orJancu with the ruquirumunts of the contract. Ike Tauria QlWd,pe, ,,, More) Approved (Contracting Officer) (Date) a i I ' 1 Y� W, C .r Al F-O — / d 6189102 RENAL PENINSULA BOROUGH REGULAR ASSEMBLY HEETIHG SEPTQ(BER 17. 1985r 700 P.M. SOROUGHSOLMMINISTRATOTNABUILDING •�. �C/�' �a�4� ' ^rpf • A G E N D A- Asst 1 �d CAt'EA 0 R[ Nash r�9� ',ALL[GtANC9 Valli Mullen Cwf C. IWOCATIONS Xay. Ron Wells, Church of the meagre" Cireyord D. ROLL CALL Keent Swett it- VACAKCT. DEStONATtON OR SEATING Or ASSEMBLYmmn Glick F. APPROVAL Or MtW=j SepteSbar 3. 1965 oci6 thin 0. COIMITTRt REFORTS Dale ......., ,� Johnson Btephens (a) Education (Nall! Johnson, Mullen, Skosstad) Skoptad (b) finance (Crwford, Carey, vandal, Nash 1 randtI (o) Land Acquis/DlsppooS&L (Kteae. Johnson. Moore) . :+t.4• (d) Legislative loolt. Keens. Skossted) `a) Local Affairs (Caret. Hoorn. McOaMA. Small. Valli),;.;n��; Ct) public Works (Swan. Dale. Kcca url) (S) Natural Resources (Keogh". Dale. Hutton. Stephens. Glick) �►,tnra.,� (h) Data proeessiat Steering make Nashl It. AGLKDA AMOVAL AND CONBEN! AGENDA (a) "$A "Authorias4ieg a C1•aring Easesent Ten test o- Lasda Within $aaction fislto nshlpte6 Nor ion hsohingSo ilk 1 'West, sward Meridian. Atsew (Mayor) (b) last "AWardiag a Contract to ItovtinS ! Qice .�e •;� s c for praltainary Surrey Work for the Design of Vogt poppy Lana in the Amount of $4,420.00" (Kayo!) e. "Requestinicipal Assistant* Funding (d) M, 85.7 "R*Sone of Lots 26 6 27 stock 40,•oriSinal v • f Sward. Section to. TUR1W. City of $award. rrom ti-1 to Tvo•ramify Residential (R-2)" , 60 (Mayor, "4. plan. Casa.) : • ;; ; ;: (e1 8 •7e ""Some of Lot 6. stock 2 Oetanviw Subdi- s m. ation 3. T1S. Rive S.M., Chy of Sovard, rsa ed 2.1 to LinkCam•scial" (Mayor. Kea. of P.C.) :t , it) Ord. 85-73 "Resone of the North ?en (10) root bt Lot ind Lot 17 of Block Sr and Lots 39 4 40 of Block 17. Original ?ornsite of Seward. Section 10. T1S. R1W. rra 1-3 to General Co�aeial" (Mayor. Req. P.C.) :. ORDINANCE smims (a) Ord. 8)-61(Alternats) "Providing for Health Insurance Ten�!'!is orA686SIDLY Mts>bers and AmendlnS KIS 2.04.060 and 2.04.010 Pertaining to Salary and Benefits for the Sl Mayor" (Click/Dimmiek) ~. i� m J. INTRODUCTION OF 0RDINAW9S (a) Ord,8 -68 "Approving the Trade of Borough Owned land n Ins tski Area for Salamatof Native Corporation Owned Land in the Nikieki At" to S• Used B the Kenai Peninsula School District as an tlementary �ahoot Sits 41 for the 1965 Bond issus" (Mayor) lb) Wd. 8 -6 "AmendinS the US Code of Ordinances to Add vuFtfs 90 the Offics of the Borough Clark" (Casey) . Sn (a) 4�4� 8S•y0 "Setting Procedures for Appeal of Property Tax— aemp !On Daterminatioaa" (Mayor P. St R. COMSIDRRATION Of UsataTIOmI ta)I 8 •1S4 "DeolarinS the Outdoor Kiln at Neer Inter- n• s e ool Surplus to the School District and the Kenai Peniasula Socough" (Mayor. Req. of KPBSD) Sh ..A Resolution ApprOvinS the Orant of Public oess oes Kenai feniasu Soro4h Patented Lands" 19 (Mayor) (a) Iff, 85-158 fndorsimg s Joint financing Plan Setwsen for the Pavins of t e Sorth 5. 3 Miller oflCohhoo•�Loep "S Road" (Mayor) (dI "AMending the Allocatien of Municipal and na Provided in Resolution S3-127 by Transfer- ring $600.000 from Vatic" Accounts to Cob" Loop Road" et (Motor) (0) ISO, 8 -16 "Awarding a Comsat to K i C Construction r oes and Grubbing of l.1 Assae on Osear Rose sf (mayor) (fI e 8 - 6 "Approving the Terms of the Agreement Rstween or • and Lawrence Lancashire and the Kenai Peninsula SOVOuSh fog the Aaqulaftioa of USht•ofeVoy on Sport Lake is NOW (mayor) (S) Its, 8 62 "AmendinS the Allocation of Municipal Aid Went Yu—nU Provided in Resolution S5-54 Sy Transferring t:• $42.588.26 from Various PrOJeccs to Sport Lake Road" (Mayor) (h> "Authorising the Maros to Commence Condem- no n esdinse to Acquire, tits Macassar y Right•of-May for the Spore Lake Road RssUSpment" (Mash) Pacpnd 9•3 it) Us, $1 161 "Zotablishial VpSrsde of the StssiinS Ri r&Y Vermsen Sceslint and Soldo ns as the Barouatble Mueher One Priority Road Projeet for the State Nl86vay t:� Systow (Cares) (J) a 0-1 4 "Authorial, to Distribute ry Official Pta omen a to the Kenai Peninsula broach s83 S7S.000 0emsral Obhisajan School fond and to Take Ali ether Aettan Necessary to Cause a 134 Proposal for the Pusthose of Said Bonds to go Submitted to the Assembly" (mayor) /"� (k) "Raquostin`` that the State of Alaska Transfer of Natural Miourcesntosthe Harbor from of Transportation 176 IAllow Msnagemsnt and Improvement provent of the Harbor" (OLemick) (L) tea. SS•t66 "NequestinS tstablishnent of s ?roars* to row a Tundina and Technical Assistance from the U.S. Government. Department of Defense, U.S. Any Corps of Riiouso o.alost��s�tate of Alaska, Department of Natural Projects" (Matt. souscies Citoi�es ssak Stabilisation 136 (m) Nes• S•167 "Setting Procedures for Informing the Asses6ly on au ne gsele of the Actions of scroush bards and I1 conlesioas" (Dinekk) (n) 6 "Requosttag the Administration to tormulste re !v� flan tot the Vest Side of Cook inlet" 13n (,) ok) L. PLMDIMG LIGIVAI M (This Slam lists legislation which will be addressed at a legal time as noteds not for action this "sting (a) Ord. 89-65 "Approplisting $1,660.690 and Transferring $9030769 torouab (undo to Proceed Through the Construc- tion Documant ee s of Architectural and project Mengemsat services for the followings proposed 19$5 oo sabl food Projects" (Mayor) MR 104 (b) Ord. bf-6s "Authorising the Disposal of sorou``h paten - told Lands to Chevron, Q.S.A., Inc." (Mayor) MW 10.6 I � I I I ` d 1 s w f i I "1 I INVOIClt McLANE & ASSOCIATES, Inc. R[OltTtn20 LAN: %URV2TOnt O P.. B:2 Ott 0 PNo a at2-4218 SOLOOTNA. ALA A Its ASE INCLUDE INVOICE September , �•985 PLENUMeeA ON CHECK • � •�Cit' of Kenai De.4xtment of Public Works Mr ; 4eith Kornelis L .Z10 Fidalgo •oKenai, Alaska 99611 JOB NO. :85-4022 0t2496 PA♦ /ROM INVOICE NOW. Any amount unpsld after 10 days will be subject to an Interest Charge of 1A% per month. M.A.P. PROJECT, CONSTRUCTION INSPECTION Charges through August 31, 1985: Fee $ 9,345.00 Tax (K) Gov't. e $ 9,345.00 FOR COUNCtL MUTING OF City MV A11,10 y ubik Waits ---Q City Ciak i Submittedcoma 09 DfR OIto Oyes �--- •- �G�u12T lSS3, ojo �o MCLA 10 a A81110CIATKIs, INC. PROFiSSiONAI ENS, BURVEYOAB & PLANNERB September 11, 1965 Mr. Keith Kornelis City of Kenai Department of Public Works 210 Fidalgo Kenai, Alaska 99611 References M.A.P. PROJECT, CONSTRUCTION INSPECTION Our Job Numbers 85-4022 Invoice Numbers 3406 Date PE LS E2 E1 E10 ST D1 CF2 CF3 8-14-85 2.0 4.0 8-15-85 3.0 1.0 1.0 2.0 2.0 8-16-85 1.0 3.0 5.5 8-19-85 1.0 8-20-85 2.0 8-21-65 3.5 6.5 8-22-85 4.0 8-23-85 2.0 5.0 1.5 !� 8-26-85 7.0 4.5 8-27-85 5.0 3.0 5.5 8-28-85 2.0 8.0 .5 6.0 8-29-85 1.0 0.0 .5 8-30-85 8.0 1.0 Totals 4.0' 2.0' 32.5' 32.0- 2.0' 1.5' 6.0- 2.0 28.0' Professional Engineer 4.0"Hours @ $ 65.00' $ 260.00' Registered Land Surveyor 2.0'Hours @ $ 60.00' 120.00' Civil Engineer 2 32.5'Hours @ $ 55.00' 1,787.50" Civil Engineer 1 32.0'Hours @ $ 50.00' 10600.00- Civil Engineer 1, Overtime 2.0'Hours @ $ 60.00' 120.00' Soils Technician 1.5'Hours @ $ 45.00' 67.50- Drafting 6.0'Hours @ $ 32.00' 192.00' Certified Field Crew, 2-Man 2.0'Hours @ $121.00' 242.00' Certified Field Crew, 3-Man 28.0'Hours @ $177.00' 4 956.00- Amount Due This Invoice 9,345.00 OK,4P Total Contract Amount $ 183,350.00' Billed to Date (Above) 9,345.00' Balance of Contract $ 174,005.00 , P.O. BOX 48B 80L00TNA, AK 8H888 B07-263-421 B I 0 ■L 1 .y.. L■ii �r /� ) /� r rROG B HAT, c-4QUALYTY BUILDERS RESIDENTIAL* COMMERCIAL • APARTMENTS 110 SOUTH WILLOW, SUITE 106 • P.O. BOX 2829, KENAI, ALASKA 09611 • (907) 283.7012 September 11, 1985 r® City of Kenai 210 Fidalgo Street Kenai, AK 99611 Gentlemens I would like to initiate purchase of the property to the east of Lot Three, Baron Park Subdivision. This lot would contain approzimately 163,145 square feet. Attached is an approximate plat of the area. I am enclosing a check for $500.00 as earnest money on said purchase. Please contact my office at 283-4659 if there is need for more information. Sincerely, cam-; 6/- /V. 1�'X Clint D. Hall O y�. . 'I rld- I��M/11 I "/AIM M�II MIt..• //1��� •.� �... w.• �r••w rFMIKMy �i�W iiiYi{/ A PUBLIC LIBRARY IN BERVICA SINGS 1p48 OOx 157 KENAI, ALASKA 99611 REPORT FOR THE MONTH OF AUGUST 1985 Circulation Adult Juvenile Easy Books Fiction 1342 679 1186 Non-fiction 1374 166 221 Total Book Circulation 4988 Films, Phonodiscs, Pamphlets, Periodicals 364 Total Circulation 5352 Additions Adult Juvenile Easy Books AV Total Gifts 17 1 0 18 ' J Purchases 69 17 55 141 ' Total Additions 159 Remedial sad Re -worked Books Adult Juvenile ' �7 17 9asy Books AV Total 53 ' I f � Interlibrary Loans Ordered Received Returned ' Books 28 19 16 AY 31 7 3 Interlibrary Loans b; Our Library Books 35 Av 11 Volunteers Number 31 Total Hours 539 Iaeone Fines and Sale Books $532.67 Lost or Damaged Books 43.99 Xerox 119.25 Donations 1.1 Total Income forAug $747.06 I�. J I I� i I� i I i, i J� SHORE FISHERY LEASE THIS AGREEMENT, entered into this day of , 1985, by and between the CITY OF KENAI,•-=y Hall, 2Td-TT e qo Street, Kenai, Alaska 99611, a home -ruled municipal corporation of Alaska, hereinafter called "City", and e_AW,- hereinafter called "Lessee". That the City, in consideration of the payments of the rents and performance of all the covenants herein contained by the Lessee, does hereby demise and lease to the Lessee the following described property in the Kenai Recording District, State of Alaska$ to wits AOL 36041 - Tracts 5 h 6, Shore Fishery Plat 071 A. PURPOSES The purpose for which the Lease is issued is$ Shore fishery 8. TERM: The term of this Lease is for 10 years, commencing on the lot day of July, 1985, to the 30th day of June, 1995. C. RENTAL PAYMENT: Rental for the above -described shore fishery tracts shall be -payable as follows: 1. The annual rental rate shall be $80.00. 2. Annual rent for the fiscal year beginning July 1 and ending June 30 shall be payable in advance on or before the firat day of July of each year. 3. Rental for any period which is less than one (1) year shall be prorated based on the rate of the last full year. 4. In addition to the rents specified above the Lessee agrees to pay to the City of Kenai on the date the lease is entered into, the additional sum of $672.00 which figure represents amounts due and owing for using of this shore fishery for the years 1978-1985, including sales tax. D. GENERAL COVENANTS: 1. USESs Except as provided herein, any regular use of lands orTacilities without the written consent of the City is prohibited. 2. USES NOT CONTEMPLATED PROHIBITEDt Solicitation of donations or the promotion or operation oany part or kind of business or commercial enterprise, other than as specifically set forth herein, upon, or in shore fishery lands, without the written consent of the City is prohibited. 3. ASSIGNMENT OR SUBLETTING: Lessee with City's written consent, which will no be unreasonably denied, may sasign for other than collateral purposes, in whole or in part, its rights as lessee hereunder. Any assignee of part or all of the leased promises shall assume the duties and obligations of the lessee as to such part or all of the leased premises. No aueh assignment, however, will discharge lessee from its duties and obligations hereunder. 1 LESSORS LESSEES d i a � Cd AHOMV i ten sK suNAu .osex M 11{{ .tNM AUS"WAII M"" r� i 4. COSTS AND EXPENSESs Costs and expenses incident to this lease, including but not limited to, recording costa shall be paid by Lessee. S. TREATMENT OF DEMISE: The Lessee agrees to keep the premises clean and in goo or er at its own expense, suffering no strip or waste thereof, nor removing any material therefrom, except fisheries resources, without written permission of the City. At the expiration of the term fixed, or any sooner determination of the Lease, the Lessee will peaceably and quietly quit and surrender the premises to the City. 6. PAYMENT OF RENis Checks, bank drafts, or postal money orders shall be made poysble to the City of Kenai and delivered to the City Administration Building, Kenai, Alnske. 7. HERRING SPAWN COVENANT: This lease is issued subject to Sections 16.10.172 -16.1U.175 of the Alaska Statutes and it is agreed that the covenants, terms and conditions herein contained shall be binding upon the successors and assigns of the respective parties hereto. S. DEFAULT RIGHT OF ENTRY: Should default be made in the payment of any portion of the rent or fees when due, or in any of the covenants or conditions contained in the Lease or in any regulations now or hereinafter in force, then in such event the City shall by written notice give Lessee thirty (30) days to cure such default or defaults, after which if the default is not cured, the City may terminate the Lease, reenter and take possession of the premises, and remove all persons therefrom. 9. LEASE UTILIZATIONS Leased lands shall be utilize4� for purposes within the scope of the terms of the lease and the terms of the deed under which the land was granted to the City (and any releases pertinent thereto), in conformity with the ordinances of the City and Borough. Utilization or development for other then the allowed uses shall constitute a violation of the Lease and subject the Lease to cancellation at any time. 10. CONDITION OF PREMISES: The premises demised herein are unimproved and ere leased on an "as is, where is" basis. 11. UNDERLYING TITLEs The interests transferred, or conveyed by this Lease are su eat to any and all of the covenants, terms, or conditions contained in the instruments convoying title or other interests to the City. 12. RIGHT OF INSPECIIONs City shall have the right at all reasonable times o en er a premises, or any part thereof, for the purposes of inspection. 13. INDEMNIFICATIONs Lessee covenants to save the City harmless from all actions, suites, liabilities, or damages resulting from or arising out of any acts of commission or omission by the lessee, his agents, employees, customers, Invitees, or arising from or out of the Lessee's occupation, or use of the premises demised, or privileges granted, and to pay all costa connected therewith. 14. COLLECTION ON UNPAID MONIESs Any or all rents, charges, fees, or other consideration which are due and unpaid at the expiration or voluntary or involuntary termination or cancellation of this Lease, shall be a charge against the Lessee 2 LESSORS LESSEES I a 77 y ' l� I I 1 I I 1 , 1 I 0 r- I i iiMae i ==s 1I01 ROGERS cnrAnoaar city OF Kivu .oa.,r Oftm �usuwi� and Loeaee's property, Pont or personal, and the City shall have such lion rights as are allowed by law, and enforcement by distraint may be made by the City or its authorited agent. 15. EASEMENT GRANTS RESERVED: City reserves the right to grant and control easements in, or above the land leaned. No ouch grant or easement will be made that will unreasonably interfere with the Lessee's use of the land, and Lessee shall have free access and use of any and all parking and loading rights, rights of ingrosa and eggresa now or heroafter appertaining to the leaned premison. 16. SURRENDER ON TERMINATION: Leeson shall, on the last day of the term of thin Lease or upon any earlier ter- mination of this Lease, surrender and deliver upon the premiaoo Into the possession and use of City without fraud or delay In good order, condition, and repair, except for roanonablo wear and tear since the last necessary repnir, replacement, restoration or renewal, free and clear of all lettings and occupancies unions expressly permitted by the City in writing, and free and elosr of all liens and encumbrances other than those created by and for loans to City. Upon the and of the term of this Leans or any earlier termination thereof, title to any shore fishery equipment left on the leaned land for a period In excess of 30 dayn shall automatically vest In City without requirement of any deed, conveyance, or bill of sale thereon. However, if City should require any such document in confirmation hereof, Lessee shall executo, acknowledge, and deliver the same and shall pay any charge, tax and fee asserted or imposed by any and all go urn 'and In connection herewith. 17. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSION, City hereby agrees and covenants that the Lessee, upon payingg rent and performing other covenants, terms, and conditions of this Lease, shall have the right to quietly and poseefully hold, use, occupy, and enjoy the sold Issued promisee, except that any inconvenience caused by public works projects in or about the leasehold premises shall not be construed as a denial of the right of quiet or peaceable possession. 1S. LESSEE TO PAY TAXESs Losses shall pay all lawful taxes and assessment* which, during the term hereof may become a lien upon or which may levied by the State, Borough, City, or any other tax 11evying bedsy, upon sny taxable pessesaosy right which Lessee aay have in or to the property by reason of its use or occupancy or the terms of this lease, provided however, that nothing herein contained shall prevent Lease* from contesting any increase in such tax or assessment through procedures outlined in State statutes. 19. SPECIAL SERVICES► Lessee agrees to pay City a reasonable charge for any spec al services or facilities required by Lessee in writing, which services or facilities are not provided for heroin. 20. NO PARTNERSHIP OR JOINT VENTURE CREATED: It !s expressly understood a e y shall noBe sons rued or hold to be a partner or joint venturer of Losses in the conduct of business on the demised premises{ and it is expressly understood and agreed that the relationship between the parties hereto is, and shall at all times remain landlord and tenant. 21. DEFAULT BANKRUPTCY ETC.s if the Lessee shall make any assignmentor a one s creditors or shall he adjudged a bankrupt, or if a receiver to appointed for the Lessee or Lessee's genets, or any interest under this Lease, and 3 LESSOR: LESSEES i W TIN aooaaa GTf Atto,.A, WV OF KIWAI .on.w 0" AtA{AAftis M J140 r,�1 if the appointment of the receiver is not vacated within thirty (30) days, or if a voluntary petition In flied under Section 18(s) of the Bankruptcy Act by the Lessee, then and In anevent, the City may, upon giving the Lavaca thirty (30) days' notice, ice, terminate this lease. ?T.. NONOISCRIMINATIONs The Lessee, for himself, his heirs, personal reprosen o ves, successors in lnteront, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land, that: (a) No person on the grounds of race. color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to dlacrlminatlon in the use of said ahore flahoryi 23. PARiIAI INYALID1TYs If any term, provision, condition, or par oTi ease is declared by a court of competent jurisdiction to be invalid or unconstitutional, Lite remaining terms, provision:, conditions, or parts shall continue In full force and effect as though such declaration was not made. 24. MODIFICATIONS$ No lease may be modified orally or In any manner other wn by an agreement in writing, a! ned by all parties in interest or their successors in interest. Any such modification shall require Council approval. 25. NARRANTYs The City does not warrant that the Property which eT—EO—subjeet of this Leone in suited for the use authorized herein and no guarantee is given or implied that it shall be profltabfe or suitable to employ the property to such use. 26. RIGHT TO ADOPT RULESs City reserves the right to adopt, amend, an enforce reaaoRoble rules and regulations 7overning the demised premises and the public areas and scilltlse used In connection therewith. Except in cases of emergency, no rule or regulation hereafter adopted or amended by the City shall become applicable unless Lessee hen been given thirty (30) days notice of adoption or amendment thereof. 27. N01 LIABILITY, City shall not be liable to Lessee for any m nu on or deprivaton of possesalon, or of Lessee's right hereunder, on •oeount of the •xercfse of any such right or authority as provided in this or the preceding section nor shall Lessee be entitled to terminate th• whole or any portion of the lossshold estate herein created, by reason of the exercise of such rights or authority, unless the exercise thereof shall so intsrfars with Lessee's use and occupancy of the leasehold estate as to constitute a termination in whole or in part of this loose by operation of law In accordance with the laws of the State of Alaska and of the United States made applicable to the states. 28. COMPLIANCE WITH LANS1 (a) Losses shall observe, obey, and comply with all applicable laws, ordinances, rules, and regulations of the federal, state, borough, or city governments or of any other public Be horltIve now or hereafter in any manner affecting the leased premises. (b) Lessee agrees to hold City financially hermlesss (1) from the consequences of any violation of such laws, ordinances, and/or requlationss and 4 LESSOR: LESSEE: of N � j/' I Tim X001AS an Ano"Ay 01Y Of KINAS 0odo. w aiFW (2) From all claims for dnmagoo on account of injurioe death, or property damage resulting from such vio�etion. (e) Lessee further agrees it will not permit any unlawful occupation, business, or trade to be conducted on said premises or any use to be made thereof contrary to any low, ordinance, or regulation as aforesaid with respect thereto, including zoning ordinances, rules, and regulations. 29. CONDEMNATION: In the event the lensed promises or any part thereof shall be condemned and taken for a public or a quasi -public use, then upon payment of any award or compensation arising from such condemnation, there shall be such division of the proceeds, ouch abatement in rent payable during the term or any extension of the term hereof, and such other adjustments as the parties may agree upon an being just and equitable under all the eircumatancen. If the City and Leaned are unable to agree within thirty (30) days after such an award has been paid into Court, upon what division, annual abatement in rent, and other adjustments are just and equitable, the dispute shall be determined by arbitration. 30. PROTECTION OF SURLESSEESs To protect the position of any eu enant a area er properly obtaining any interests in the leneehold estate granted Lessee hereunder, City agrees that in the event of the cancellation, termination, expiration, or surrender of this Lease (the ground lease), the City will accept the Subleases, it successors and aaaigns, an Its lessee for a period equal to the full unelapeed portion of the term of the sublease, including any extensions or renewals thereof not exceeding the term of this Lesso, upon the name covenants and conditions therein contained, to the extent that said covenants and conditions are not inconciatent with any of the terms and conditions of thin Leese, provided such sublessee shall make full and complete attornment to the City for the balance of the term of such sublease so as to establish direct privity of estate and contract between the City and the subleases with the some force and effect as though such sublease was originally made directly between the City and such sublesseai and further provided such subleases agrees to comply with all the provisions of the ground lease. 31. SUCCESSORS IN INTEREST: This Lease shall be binding upon an'd shall nure to the benefit of the respective successors and assigns of the parties hereto, subject to such specific limitations on assignment as are provided for heroin. 32. GOVERNING LANs This indenture of Lease shall be governed in all respec s y the laws of the State of Alaska. 33. NOTICES, (a) Any notices required by this Leese shall be in writing and shall be deemed to be duly given only if delivered personally or sailed by certified or registered mail in a prepaid envelope addressed to the parties at the address set forth In the opening paragraph of this lease unless such address has been changed pursuant to sub -paragraph (b) hereafter, and in that case shall to the most recent address so changed. Any notice so mailed shall be deemed delivered on the date it is deposited in a U.S. general or branch post office. 5 LESSORS LESSEE: ,I J �1 'A '1J j1 1 - rt �) _ L,,- J THIS "of" coy Ano"Al city Or x9KW , o ,o■ wo ,yw1 ALASKA Mil M no The City shall also mail a copy of any notice given to the Lessee, by registered or certified mail, to any lonanhold lender (mortgagno, beneficiary of a dead of trust, security nonignee) who shall have given the City notice of such mortgage, dead of trust, or security assignment. (b) Any such nddresoee may be changod by on approprinto notice in writinq to all other parties affected provided ouch change of address is given to the other portion by the means outlined in pnrngrnph (a) above at leant fifteen (15) days prior to the giving of the particular notice in Inoue. 34. ENTRY AND RE-ENTRYs In the event that the Leona should be tormi-n-MoT—n-s-'re—roinbor Iore provided, or by nummary proceedings or otherwieo, or in the event that the domised lands or any part thereof should be abandoned by the Lessee durinq sold term, the Longer or its agent», servants, or representatives may, immediately or any time thereafter, re-enter, and resume possession of said lands or such port thereof, and remove all persons and property therefrom, either by summary procoodinga or by a suitable action or proceeding at law without being liable for any damages therefor. No re-entry by the Loaner shall be deemed an acceptance of a surrender of No Lease. 35. RETENTION OF RENTALS In the event that the Lease should be terminated Fa—ceune of any breach by the Lessen an herein provided, the rental payment last made by the Lessee shall be retained by the Lessor as partial or total liquidated damages for said breach. 36. WRITTEN WAIVER: The receipt of rent by the Less, with knowledge or any rose of the Lease by the Loose", or any default on the part of the Lessee in observance or performance of any of the conditions or covenants of the Lease, shall not be deemed to be a waiver of any provisions of the Lease. No failure on the part of the Lessor to enforce any convenant at provision therein contained, not any waiver of any right thereunder by the Lessor, unless in writing, shall discharge or Invalidate such covenants or provisions, or affect the right of the Lessor to enforce the same in the event of any subsequent breach or default. The receipt. by the Lsosor, of any rent or any other sum of money after the termination, in any manner, of the term therein demised, or after the giving by the Lessor of any notice thereunder to effect such termination, shall not reinstate, continue, or extend the resultant term therein domiced, or destroy, or in any manner impair the efficacy of any ouch notice of termination as soy have bean given thereunder by the Lessor to the Lessee prior to the receipt of any such sum of money or other consideration, unless no agreed to in writing and signed by the Lessor. 37. ZONING COOESs Loosed tidelands and shore fishery lands shall be utilized n accordance with the building and zoning ordinances and rules and regulations of the City. Failure to do so shall constitute a default. 38. PERSONAL USE OF NAIERIALSs All coal, oil, gas, end other minerals and a epos s o stone or gravel valuable Tor extraction or utilization and, materials subject to Title I1, Division I, Chapters 4, 5 and 6 of the Alaska Administrative Code are excepted from the operation of o surface Lease. Speetfleslly, the Lessee of the surface rights shall not sell or remove for use elsewhere any timber, stone, gravel, peat moss, topsoil, or any other material valuable for building or 6 LESSOR: LESSEES J 1 •L, n R /I p J I� t I ; j ---1 1 n yEy 4, r i b t- i C � I I r TIEi aoaiu� Cm An"y CITY Of KENAI #0WSW swsuo commercial purposeal provided, however, that material required for the development of the leasehold may be used if its use is first approved by the City Manager. 39. MUTUAL CANCELLATION: Losses in good standing may be CanC011ed in whole or in part at any time upon mutual written agreement by Lessee and the City Council. 40. UNLAWFUL USE PROHIBITED: Lessee shall not allow the leasehold promises to e use or an unlawful purpose. 41. APPROVAL OF OTHER AUTHORITIESs The issuance by the City of leases doe no relieve a esaas of responsibility of obtaining licenses or permits as may be required by duly authorized Borough, State, or Federal agencies. IN WITNESS WHEREOF, the parties hereto have hereunto eat their hands, the day and year stated in the individual acknowledgments below. LESSORS CITY OF KENAI By: William J. Brighton City Manager LESSEE s FRANK D. CANADY STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1985, , being personally known�e or having produced sa s ac ary evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public for Alaska My Commission Expiress STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1985, WILLIAM J. BRIGHTON, City Managed the Cityy of ienal, Alaska, being personally known to me or having produced satiafaetory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires: 7 LESSOR: LESSEE s I I i i I 1 I I 1 i 4 - { 'r r �J —ALA Approved as to lease form by City Attorney Approved by Finance Director Approved by City Manager J To AWNS 8 Cry Anowl OTY OF KINM 0 0 sox w xtirsa LESSOR: LESSEEj d u TIAI ROOEIIf bfr AtIWhl, arr a �NM .0 WSW SU40 AWt[AN,t1 mtw SHORE FISHERY LEASE THIS AGREEMENT, entered into this day of , 19859 by and between the CITY OF KENAI,- y Hall, 2 OFidelgo Street, Kenai, Alaska 99611, a home -ruled municipal corporation Alaska here of Alasinafter called "City", and JEWEL MACHEN, Route 2, Box 914, Soldotna, Alaska 99669, hereinafter called "Lessee". That the City, in consideration of the payments of the rents and performance of all the covenants heroin contained by the Lessee, does hereby demise and lease to the Losses the following described property in the Kenai Recording District, State of Alaska; to wits ADL 44349 - Tract 3, Shore Fishery Plat 071 A. PURPOSES The purpose for which the Lease is issued ins Shore fishery S. TERM: The term of this Lease is for 10 years, commencing on the let day of July, 1985, to the 30th day of June, 1995. C. RENTAL PAYMENT: Rental for the above -described shore fishery tracts ass be -payable as follows: 1. The annual rental rate shall be $40.00. 2. Annual rent for the fiscal year beginning July 1 and ending June 30 shall be payable in advance on or before the first day of July of each year. 3. Rental for any period which is less than one (1) year shall be prorated based on the rate of the last full year. D. GENERAL COVENANTSs 1. USES: Except as provided herein, any regular use of lands oriacilities without the written consent of the City is prohibited. 2. USES NOT CONTEMPLATED PROHIBITEDs Solicitation of donations or the promotion or opera ono any part or kind of business or commercial enterprise, other than as specifically set forth herein, upon, or in shore fishery lands, without the written consent of the City is prohibited. 3. ASSIGNMENT OR SUBLETTING: Lessee with City's written consent, which will not be unreasonably denied, may resign for other than collateral purposes, in whole or in part, I ts rights as lessee hereunder. Any assignee of part or all of the leased promisee shall assume the duties and obligations of the lessee as to such part or all of the leased premises. No such assignment, however, will discharge lessee from its duties and obligations hereunder. 4. COSTS AND EXPENSES: Costs and expenses incident to this lease, including uuEn`o -limited to, recording costs shall be paid by Lessee. 1 LESSOR: LESSEES � _ I I i C� 1� j 1 I = RoatAs 0" AnaMr CRY Of scWAs .o&Mwo 4NW. MASKA 9%11 ms?ss. 5. TREATMENT OF OEMISEs The Lessee ngreon to keep the premises clean a,id in goo ar or at its own 0xpenon, suffering no strip or waste thereof, nor removing any material therefrom, except fisheries resources, without written permission of the City. At the expiration of the term fixed, or any sooner determination of the Lease, the Lessee will peaceably and quietly quit and surrender the premises to the City. 6. PAYMENT OF RENTS Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai and delivered to the City Administration Building, Kenai, Alaska. 7. HERRING SPAWN COVENANts Thin loans to issued subject to Sect ane .175 of the Alaska Statutes and it is agreed that the covenants, terms and conditions herein contained shall be bindinq upon the successors and assigns of the respective parties hereto. 8. DEFAULT RIGHT OF ENTRY: Should default be made In the payment of any portion of the rent or fees when due, or In any of the covenants or conditions contained in the Lease or in any regulations now or hereinafter In force, then in ouch event the City shall by written notice give Lessee thirty (30) days to cure such default or defaults, after which if the default is not cured, the City may terminate the Lease, reenter and take possession of the premises, and remove all persons therefrom. 9. LEASE UTILIIATIONs Leaned lands shall be utilized for purposes within the scope of the terms of the lease and the terms of the deed under which the land was granted to the City (and any releases pertinent thereto), in conformity with the ordinances of the City and Borough. Utilization or development �.� for other then the allowed uses shall constitute a violation of. the Lease and subject the Loses to cancellation at any time. 10. CONDITION OF PREMISES: The premises demised herein are unimprovedan or; easea on an "as is, where is" basis. 11. UNDERLYING TITLES The interests transferred, or conveyed by this Lease are -9-7SUeet to any and all of the covenants, terms, or conditions contained in the Instruments conveying title or other interests to the City. 12. RIGHT OF INSPECTIONs City shall have the right at all ressonab • ass o en es he promises, or any part thereof, for the purposes of inspection. 13. INDEMNIFICATION, Lessee covenants to save the City harmless from all ae ons, suites, liabilities, or damages resulting from or arising out of any acts of commission or omission by the lessee, his agents, employees, customers invitees, or arising from or out of the Lessee's occupation, or use of the premises demised, or privileges granted, and to pay all costs connected therewith. 14. COLLECTION ON UNPAID MONIES, Any or all rents, charges, fees, or o er cons era on w ch are due and unpaid at the expiration or voluntary or involuntary termination or cancellation of this Lease, shall be a charge against the Lessee and Lessee's property, real or personal, and the City shall have such lien rights as are allowed by law, and enforcement by idistraint may be made by the City or its authorized agent. 2 LESSORs LESSEE s 1 a `lam R r iS. EASEHENT GRANiS RESERVERS City reserves the eight ' to grant and son r.1 0 ';Semen • In, or above the land leasod. No Such grant or easement will be made that will unreasonably Interfere with the Lessee's use of the land, and Lessee nhall have free accssa and use of any and all peeking and loading I!WS, rights of Ingress and egress now or hereaftor appertslning to the leased premises. 16. SURRENDER ON TERMINATION$ Lessee shall, on the last day of the r em or thio—T—essoor upon any earlier ter- mination of this Lease, surrender and deliver upon the premino• into the possession and use of City without fraud or delay in good oe4er, condition, and repair, except for reasonable wont and tsar •inoe the last necessary repair, replacement, restoration or tenewsltt free and clear of all lettings Arad occupancies unless expressly permitted by the City In writinq, and free and cleat of all liens and encumbrances other than those created by and for loans to City. Upon the and of the teem of thin Lesso or any earlier termination thereof, title to any shore fishery equipment left on the loosed land for a period in excess of 30 doyo shall automstically vest in City without requitement of any flood, conveyance, or bill of sale thereon, Howevor, if City should require any such document In confirmation hereof, Losses shall execute, acknowledge, and deliver the name and shall pay any charge, tax, and fee asserted or imposed by any and all governmental units in connection herewith. 17. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSIONS City hereby agrees an covenants a e Snore, upon paying rent and performing other covenants, terms, and conditions of this Lease, shall have the right to quietly and peacefully hold, use, occupy, and enjoy the said leased premixes, except that any Inconvenience caused by public works projects In or about the leseehold premises shall not be construed as a denial of the right of quiet or peaceable possession. 10. LESSEE TO PAY TAXESs Lessee shall pay all lawful taxes and assessments which, during the term hereof may become • lien upon or which may levied by the State, Borough, City, or any other tax levying body, upon any taxable posassaory right which Lessee may have in or to the property by reason of Its use or occupancy or the terms of this lease, provided however, that nothing herein contained shall prevent Lessee from contesting any Increase in such tax or assessment through procedures outlined In State statutes. 19, SPECIAL SERVICESs Losses *gross to pay City • reasonable charge rot any special services or facilities required by Lessee In welting, which services or facllltlea are not provided for herein, 20. NO PARTNERSHIP OR JOINT VENTURE CREATEOs It Is expressly understood a e y shall no a cons rued or hold to be a partner or joint venturer of Lea see in the conduct of business on the d•saised premisssl and It Is expressly understood and that the relationship between the parties hereto to, :greed and shall at all times remain landlord and tenant. 21. DEFAULT BANKRUPTCY ETC.$ If the Lessee shall asks any assignmentor a one o creditors or shall be adjudged a bankrupt, or if a receiver to appointed for the Lessee or lessee's assets, or any interest under this Loans, and if the appointment of the receiver is not vacated within thirty (30) days, or if a voluntary petition to filed under .Section —, Tw ROW % cm Anax�rt. 3 LESSORS uffv b,'� LESSEE s ro .r.iM. AIAW iqN� Mn* i 1sM a00tUsra Gfr •ttOlM MY OF KMM .oae.m .eM4U a A+Mr, W"30 1 18(s) of the Bankruptcy Act by the Losses, then and In any event, the City may upon giving the Lessee thirty (30) days' notice, terminate this lease. 22. NONDISCRIMINATION: The Lessee, for himself, his heirs, peroonal represon a ves, successors in interest, and aasigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land, than (a) No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said shore fishery{ 23. PARTIAL INVALIDITY: If any term, provision. condition, or part of this ease is declared by a court of competent jurisdiction to be invalid or unconstitutional, the remaining terms, provisions, conditions, or parts shall continue in full force and effect as though such declaration woe not mode. 24. MODIFICATIONS: No lease may be modified orally or in any manner o er an by an agreement in writing, signed by all parties in interest or their successors In interest. Any such modification shall require Council approval. 25. WARRAN1Ys The City does not warrant that the property which a e subject of this Lease is suited for the use authorised herein, and no guarantee is given or implied that it shall be profitable or suitable to employ the property to such use. 26. RIGHT TO ADOPT RULES: City reserves the right to adopt, •mend, an en otce reasonable rules and regulations ggoverning the demised premises and the public areas and fsoilities used in connection therewith. Except in cases of amergenvy, no rule or regulation hereafter adopted or amended by the City shall become applicable unless Lessee has been given thirty (30) days notice of adoption or amendment thereof. 27. NON—LIABILITYs City shall not be liable to Lessee for any m neon or deprivaton of possession, or of Lesseo'a right hereunder, on account of the exercise of any such right or authority as provided in this or the preooding section nor shall Lessee be entitled to terminate th• whole or any portion of the leasehold estate herein created, by reason of the exercise of such rights or authority, unlass the exercise thereof shall so Interfere with Lessee's use and occupancy of the leasehold estate so to constitute a termination in whole or in part of this lease by operation of low in accordance with the laws of the State of Alaska and of the United States made applicable to the states. 28. COMPLIANCE WITH LAWS: (a) Lessee shall observe, obey, and comply with all applicable laws, ordinances, rules, end regulations of the federal, state, borough, or city governments or of any other public authorities now or hereafter in any manner affecting the leased promisee. (b) Lessee agrees to hold City financially harmleses (1) From the consequences of any violation of such laws, ordinances, and/or regulations; and 4 LESSOR: LESSEES (2) From all claims for damages on account of Injuries, death, or property damage resulting from such violation. (o) Lessee further agrees it will not permit any unlawful occupation, business, or trade to be conducted on said promina9 or any use to be made thereof contrary to any low, ordinance, or regulation as sforossid with respect thereto, including zoning ordinances, rules, and regulations. 29. CONDE14NATION s In the event the lensed premises or any part theroa nsn a condemned and taken for a public or a quasi -public use, then upon payment of any award or compensation arialnq from such condemnation, there ehnil be such division of the proceeds, such abatement in rent payable during the term or any extension of the term hereof, and ouch other edjustmonts as the parties may agree upon as being just and equitablo under all the circumstances. If the City and Lesson are unable to agree within thirty (30) days after such an award has been paid into Court, upon what division, annual abatement In rent, and other adjustments are just and equitable, the dispute shall be determined by arbitration. 30. IROTECTION OF SUBLESSEES: To protect the position of any ou enen aherearter properly obtaining any interests in the lesoehold estate granted Lessee hereunder, City agrees that in the event of the cancellation, termination, expiration, or surrender of thin Lease (the ground lease), the City will accept the Sublessee, it successors and assigns, as its lessee for a period equal to the full unelapsed portion of the term of the sublease, including any extensions or renewals thereof, not exceeding the term of this Lease, upon the some covenants and conditions therein contained, to the extent that said covenants and conditions are not inconsistent with any of the terms and conditions of this Lease, provided such subleases shall make full and complete attornment to the City for the balance of the term of such sublease so as to establish direct privity of estate and contract between the City and the sublease* with the same tarot and effect as though such sublease was originally made directly between the Clty and such sublessess and further provided such sublessee agrees to comply with all the provisions of the ground lease. 31. SUCCESSORS IN INTERESTS This Lease shall be binding upon an *hall nure o • onerst of the respective successors and assigns of the portico hereto, subject to such pacific limitations on assignment as are provided for herein. 32. GOVERNING LANs This indenture of Lease shall be governed In all respects, by the laws of the State of Alaska. 33. NOTICESs (a) Any notices required by this Lease shall be in writing and shall be deemed to be duly given only if delivered porsonolly or mailed by certified or registered mail In a prepaid envelope addressed to the parties at the address not forth in the opening paragraph of this lease unless such address has been changed pursuant to sub -paragraph (b) hereafter, and in that case shall to the most recent address so changed. Any notice so mailed shall be deemed delivered on the date it is deposited in a U.S, general or branch post office. Tim Amin S 01V AffORd► LESSOR s cma KINK LESSkE s . 0 W. in F MM WSIAwell miss. ---W. -%-a � I I 1 1 1 tM The City shall also mail a copy of any notice given to the Leeeee by registered or certified mail, to any leasahold lender (mortgagee, beneficiary of a deed of trust, security aeeignee) who shall have given the City notice of such mortgage, deed of trust, or security assignment. (b) Any such addresses may be changed by an appropriate notice in writing to all other parties affected provided such change of address is given to the other parties by the means outlined in paragraph (a) above at least fifteen (15) days prior to the giving of the particular notice in issue. 34. ENTRY AND RE-ENTRY& In the event that the Lease should be terminated so heroinbefore provided, or by summery proceedings or otherwise, or in the event that the demised lands or any part thereof should be abandoned by the Lessee during said term, the Lessor or Ito agents, servants, or representatives may, immediately or any time thereafter, re-enter, and resume possession of said lands or such part thereof, and remove all persons and property therefrom, either by summery proeeedinge or by a suitable action or proceeding at low without being liable for any damages therefor. No re-entry by the Lessor shall be deemed an acceptance of a surrender of the Leese. 35. RETENTION OF RENTALS In the event that the Lease should be terminated bFc-auoe of any breach by the Lessor oo herein provided, the rental payment last made by the Lessee shall be retained by the Lessor as partial or total liquidated damages for said breach. 36. WRITTEN WAIVER: The receipt of rent by the Loser with knowledge or any breac of the Lease by the Lessee, or any default on the part of the Lease& in observance or performance of any of the conditions or covenants of the Lease, shell not be deemed to be a waiver of any provisions of the Lease. No failure on the part of the Lessor to enforce any convenant or provision therein contained, nor any waiver of any right thereunder by the Lessor, unless in writing, shall discharge or invalidate such covenants or provisions, or effect the right of the Lessor to enforce the some in the event of any subsequent breach or default. The receipt, by the Lessor, of any rent or any other sun of money after the termination, in any manner, of the term therein deniood, or after the giving by the Lessor of any notice thereunder to effect such termination, shall not reinstate, continue, or extend the resultant term therein demised, or destroy, or in any manner impair the efficacy of any such notice of termination as may have been given thereunder by the Lessor to the Lessee prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by the Lessor. 37. ZONING CODES: Leased tidelands and shore fishery lands shall be uutilized In accordance with the building and zoning ordinances and rules and regulations of the City. failure to do so shall constitute a default. 38. PERSONAL USE OF MATERIALS: All coal, oil, gas, and other minerals and all epos s o -stone or gravel valuable for extraction or utilization and all materials subject to Title 11, Division I, Chapters 4, 5 and 6 of the Alaska Administrative Code are excepted from the operation of a surface Lease. Specifically, the Lessee of the surface rights shall not sell or remove for use elsewhere any timber, Stone, gravel, peat moss, topsoil, or any other material valuable for building or TfM a00[Ra 6 ca. Anolw. LESSORS COY OFarNm LESSEEt . o WXM .eW A~ ~I . xu»x• commercial purpoaeat provided, however, that material required for the development of the leasehold may be used if its use is first approved by the City Manager. 39. MUTUAL CANCELLATIONr Leases in good standing may be cancelle n woe or n part at any time upon mutual writtsn agreement by Lessee and the City Council. 40. UNLAWFULOs _ USE PROHIRITELeaeea shall not allow the leasehold preen oee o e use or an unlawful purpose. 41. APPROVAL OF OTHER AU1�10RITIESt the iasunnce by the City of leases oes no re eve o oases of responsibility of obtaining licenses or permits as may be required by duly authorized Borough, State, or Federal ngonciec. IN WITNESS WHEREOF, the parties heroto have hereunto set their hands, the day and year stated in the individual acknowledgments below. LESSORt LESSEE: CITY OF KENAI Sys William J. Brighton City Manager JEWEL MACHEN STATE OF ALASKA ) )se THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1985, , being personally known o se of having produced satiorgetory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrusent. Notary u a ror Alaska My Commission Expiress 5 STATE OF ALASKA jss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , .J 1965, WILLIAM J. BRIGHTON, City Managed the City o Ronal, Alaska, being personally known to ae or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the y' foregoing lnstrueant on behalf of said City, _ I iI Notary VU511C for x1aska My Commission Expiress JnM Amin Giv p xtnw LESSOR s i .�FKLESSEES sasar I� ,+ sj I' i , I . r i i y i ' r � J i yr Approved as to lease form by City Attorney Approved by Finance Director Approved by City Manager n a s n a s Initials) To Room g ' Gn Arrpwsr L E S SQ R s urrc►a►�,+ LESSEE: roar mnx 0 _�-:--_—_, fa...:v_b-�,'s.�:Ml*ia-s'_`�lf�'ai=3`-�ry.:ti+.__=:_<•___- - _ _ ---, .. --_. _.--.- - ___._- -_� F 1 .. 4 t r • � 1 5 • I i I 4 A .us./•, l.1.: sC:. F. .. Y •o anw .� ... ,-. a .. 1 w. .. ..., ira w.r rv.wC...cr.. .....ww— .�ti..�.: a.... _.. �.Y+.+M•� } carmen vincent gintoll. architect � 130 trading bay road, suite 330 kenai, alaska 99611 907 283.7732 September 12, 1985 - City of Kenai ; 210 Pidalgo Kenai, AK 99611 Attention: Keith Kornelis, Public Works Director Re: Invoice for Architectural services I - Kenai Police Department Addition Contract Administration Invoice #2 From 12/21 through 9111185 PBABE PEE BILLED RECEIVED DUE Schematic Designs $ 8,520.00 - $ 8,520.00 ' $ 8,520.00 -0- Design Development $ 8,520.00 ' $ 8,520.00 -" $ 8,520.00 -0- Contract Documents $15,336.00 $15,336.00 - $15,336.00 -0- Bidding $ lv704.00- $ 1,704.00 -" $ 1,704.00 -0- Observation 12/21 - 4/22/85 $ 60900.00 $ 2,955.00 $ 2,955.00 $ 3,945.00 Additional service 4/22/85 - 9111185 $ 2,229.33 $ 2,229.33 -0- $ 2,229.33 -' 1 a � DUE THIS INvOICEs 9 6,174.33 ' PREVIOUS EARNEDs 837,03S.00 ' �rro TOTAL EARNEDt $43,209.33 f LESS PAYYA=s 837,035.00 ' DUES $ 6,I74.33 f+i .� _ _ _ rCR tCUHW6 tdEEtlr�� of � THANjI YOU ✓etk wars J C.0 cut% Q/Ytiful ToSnLnuttW Q� i Cwxd GY. [ N$ (]Yn Ck— • 1 i t t r . i KENAI POLICE DEPARTMENT Labor & Reimbursable Summary/Breakdown � Contract Administration Invoice 92 September 12, 1985 C. V. Gintoli, Principal 40.0 hrs. @ $55.00/hr. a $2, 200.00 " - ARCHITBCTURAL LABOR TOTALS $2,200.00 $2,200.00 Photographs a $ 29.33 8 29.33 Wr229.33 o Y• -J � I SUMMM 88BST %GMs $2,229.33 'Y . • - i b� is a / i , d= i' CITY OF KENAI Cap . of 4" 210 PIDALOO KENAI, ALASKA 99811 TELEPHONE 283. MIS September 13, 1985 MEMORANDUM -- TOs Mayor Wagoner and Kenai City Council WP FROMs Randy Ernst, Airport Manager i REs September 12th meeting with FAA and Alaska Transportation Consultants, Inc., on Master Plan Update and Float Plane Facility The meeting with Jim Perham of the FAA Airports Planning Department, Gary Hennigh, a consultant with Alaska Transportation , Consultants, Inc. (ATC), John Wise, Bill Brighton, Keith Kornelis and myself was primarily to discuss restructuring the scope of r_. work on the master plan update as submitted to the FAA and the City on September 11, 1985. The administration found no problem with this change to the scope of work and agreed to allow Mr. Perham and Mr. Hennigh to work together to find an acceptable scope of work for the master plan update and environmental ; assessment on the float plane facility. They are to bring the FAA approved scope of work to the administration for it's approval no later than September 18, 1985. The administration's approval would then facilitate the simultaneous submission of FAA and City approved scope of work, grant application and FAA grant approval by September 20th. The grant would then be sent to Mr. Brighton for his signature, co -signed by the City Attorney and returned to the FAA on September 24th. Notice to proceed with the master plan update would be given to ATC, Inc. on or about September 26th. The NTP is six days behind my time table as -j submitted to you at the July 3rd City Council meeting (copy attached). Mr. Perham also expressed concern that if the master plan update ' did in fact confirm the need for a float plane facility and the ensuing environmental assessment resulted in any other conclusion than a "finding of no significant impact" (FONSI) the whole — project could be delayed by as much as two years. --,"� Acquisition of land was also discussed. It was Mr. Perham's --- recommendation that the City proceed immediately with two appraisals and one review appraisal of the land in question (80 to 160 acres), so that a value could be determined and a separate a 7 i r G4r..- fl _ _ .- __--_-f-__.. 1.44 pre -application could be submitted to the FAA before December 319 1985 for a grant to purchase the land (either by negotiation or condemnation). This grant would circumvent a delay in processing of the pre -application of the float plane facility. Design and engineering of the float plane facility was the last item of discussion. Mr. Perham suggested that if the City was confident that the float plane facility was a viable project as verified by the master plan update and without adverse environmental assessment implications, it may want to go ahead with engineering and design work so that it could be included with the resubmission of the pre -application on or about February 12, 1986. The money would have to come from airport operating funds until such time the grant is issued and these monies reimbursed through AIP funding. The estimate of cost for design and engineering, as outlined by the Wince-Corthell-Bryson 1984 Estimate of Construction Costs Study, would be approximately $1130300.00 depending on the scope of work. In summary, Mr. Perham assured those present at the meeting that he would do everything possible to expedite processing of any pre -applications and reviews with the hope of staying within the time table as set out originally (see attachment), even though he would be leaving the Planning Department for a month, beginning September 23, 1985 to assume the head of the Engineering Branch. RE/dg �I -i t 1 i I I I II {1 i i i I L J • j J 9 CITY OF KENMi 'Old capdal 4 4" 210 FIDALOO KBNAL ALASKA 60611 J TURPMONB2$3.7696 lj June 28, 1985 MEMORANDUM TOs Mayor Tom Wagoner & Kenai CJty Council FROMs Randy Ernst, Airport Manager REs Time Table for Master Plan Update and Float Plane Facility Master Plan Update 1. RFP advertising - July 2, 9 and 16 2. Bid opening - July 31st 3. Award bid by Council - August Tth 4. Bid winner to submit design scope for approval by City and FAA - September 9th S. FAA approval of design scope and application submitted - September 16th 6. Grant signed by proper City authorities - September 18th T. Notice to proceed (FAA) - September 20th Engineering firm (bid winner) to proceed immediately on airport facilities forecasts portions of master plan along with float plane facility to includes environmental impact statement, public hearings and layout plan S. Submit facilities forecasts - February 3, 1986 Float plane environmental impact statement (as required by FAA) and public hearing statement. Continue on with completion of master plan. Float Plane Facility 9. Resubmit preapplication for float plane project and start design on float plane basin - February 12, 1986 i w _ 1 'f 'r- i 10. Tentative approval from FAA for float plane project and FAA approval of design of basin - May 12, 1986 11. RFP advertising - May 15, 22, 29, 1986 12. Bid opening - June 5, 1986 13. Award bid by Council - June 18, 1986 14. Bid winner to start construction - July 3, 1986 15. Float plane basin complete - October 3, 1986 16. Master plan update complete - October 20, 1986 --- - 1 ha ve consulted with the City Manager, the City Engineer and the FAA Planning Division to present a realistic time table for you for the completion of the master plan update and the float plane project. Please be aware that this time table is subject to many variables, which will necessitate certain time frame adjustment. RE/dg cos Wm. J. Brighton, City Manager Jack La Shot, City Engineer Keith Kornelis, Public Works Director Jim Perham, FAA . r 4 r Y f ' ' r r 1 =NCO-lS CITY OF KENAI „od ea,adwi oi 4124"10' 210 FIDALOO KENAI. ALASKA 00611 TELEPHONE 263.76M6 MEMORANDUM FROMs Tim Rogers, Attorney City of Kenai i TOs Councilmembers City of Kenai DATES September 13, 1985 _ REs Church/Paxton FhW Development Corporation Bowling Alley Lease f SUMMARY OF EVENTS i o 1. April 19, 1983 -- Lease application by Church & Paxton made { to the City. Description of the development describes building as approximately 18,000 sq. ft. with wood frame construction."1 Proposed construction completion date of September 1983. I Estimated value of the construction was $5009000. It was signed by Walter Church. Exhibits were attached to the application i showing the wood -frame building. 2. September 15, 1983 -- Fred Paxton and Walter Church sign lease agreement. Paragraph 16 of lease contains lessees obligation to remove liens. Lessee is also required to pay rent in the amount of six percent of fair market value. On the date of the rental agreement, lessee required to pay $16,154.42 per year subject to redetermination pursuant the General Covenant No. 9. 3. August 23, 1984 -- Jeff Labahn, City Land Manager, spoke with Walter Church and Mr. Church stated that his financing had been approved that day and that he anticipated a December 1984 opening I date. At that time Church and Paxton were current on their lease rent payments. ii 1 V n 4. September 14, 1984 -- City consents to assignment of lease for security purposes. Assignment to Peninsula Savings and Loan Association. 5. November 27, 1984 -- City advises Church/Paxton that the building under construction is not wood -frame construction as depicted in the elevation drawings submitted with the lease application. City advises Church/Paxton that the pre-engineered steel building was not authorized by the existing lease agreement. The City advises Church/Paxton that this is in violation of the lease. City sent letter asking Church/Paxton to stop construction. 6. December 18, 1984 -- Magnum Construction records first claim of lien. 7. December 19, 1984 -- City Council approved "concept" (facade) presented by the lessees subject to ratification of formal amendment on January 2, 1985. Lease is amended. 8. January 4, 1985 -- Church/Paxton supply bond. Bond is not deposited with bank until August 1985. 9. January 9, 1985 -- Amendment to lease signed. Amendment requires landscaping, parking plan and installation of facade. Construction of convex steel building to be completed prior to October 1, 1985, facade to be completed by December 31, 1985. Lessees were also required to deposit in escrow the sum of $35,000 or submit a bond in that amount to the National Bank of Alaska as security for the performance of the facade and building design. 10. March 26, 1985 -- Magnum Construction files second claim of lien. 11. June 11, 1985 -- Magnum Construction records partial release in waiver of lien. 12. July 22, 1985 -- Church/Paxton submit $500.00 deposit with intent to purchase property. No official application. 13. September 5, 1985 -- City mails Church/Paxton F&W Development Company and General Contractor Company a 30-day notice to quit premises for failure to pay rent and remove liens against the property. Notice states that failure to cure the default or quit the premises will result in the filing of a forcible entry and detainer action within 30 days. On date of letter Church/Paxton are arrears in rent by $4,578.84. ' 1 1 i I • t I n. 14. August 28, 1985 -- Magnum Construction serves City with complaint which names City as defendant along with F&W Development Corporation, Walter Church, Gloria Church, Fred Paxton, Wilma Paxton, Peninsula Savings A Loan Association, AMF Incorporated, F&W Development and General Contractor, Ron's Rent -It Center, 4D Interior, and the Small Business Administration. The complaint is for money owed and foreclosure of the lien. 15. City is given 20 days to respond to Complaint. Answer is due on Tuesday, September 17, 1985. DISCUSSION The City's immediate concern is the suit filed by Magnum Construction Company into which the City must respond. At this writing, the City has not filed a response, but will have filed one by September 17, 1985. Preliminary research indicates that one of the claims of lien filed by Magnum Construction, may not be valid claims of liens. If this turns out to be the case, this will have been included in the answer to the Summons. At this time there is a possibility of a cross claim against j Church do Paxton, F&W Development, etc. for rental due and owing under the lease agreement. This cross claim would be separate from a forcible entry and detainer action (FED) which we may bring for failure to pay rent and remove liens. This FED would be filed in mid -October. If the City is successful in the FED +, proceedings, Church & Paxton would be evicted from the premises and all improvements could revert to the City. The City would then have to satisfy Magnum's priority lien out of the sale of the building and pursue back rent separately if this claim is not j made a part of the Magnum litigation.. ; As to the complaint filed by Magnum Construction, in addition to 1 their claim for lien, they ask the court to set the priorities of claimants in the proceeding. This requirement is essentially asking the court to define in what order creditors of Church Paxton will be able to satisfy their individual claims. There is i law to the effect that because Church do Paxton are mere ' leaseholders of the property, Magnum Construction may not be '- entitled to any proceeds from the reversionary interest the City ' has in the leasehold. I There is, of course, always the possibility of entering into a ' stipulated agreement with Magnum Construction setting the j _ priorities among ourselves. If we were able to arrive at some stipulation, then the City would be able to essentially remove ourselves from Magnum Construction's claim against Church & Paxton. 3 For the Council's information, I have attached copies of Magnum Construction's complaint to this memo. Other considerations aside from the Magnum claim revolve around failure to complete the facade on time. The facade is supposed to be completed by December 31, 1985. Should Church/Paxton fail in this regard, we could file suit on the $35,000.00 bond and initiate termination of the lease. TJR/clf 4 C r J 1 4LN,OLK 1 N[KLOCK NN r Ifw ••• w.f1 a• .KwEI•••• N.••• ..N. INN 110 *.IsN •.1 •.11 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT, AT KENAI MAGNUM CONSTRUCTION COMPANY, Plaintiff, ) ) I P i W DEVELOPMENT CORPORATION, ) WALTER CHURCH, GLORIA CHURCH, ) FRED PAXTON, WILMA PAXTON, ) CITY OP KENAI, PENINSULA ) SAVINGS 6 LOAN ASSOCIATION, ) AMP INCORPORATED, P i W ) DEVELOPMENT 4 GENERAL CONTRACTOR, INC., RONS RENT -IT CENTER, INC., POUR D. INTERIOR, SMALL BUSINESS ADMINISTRATION, Defendants. ) 1 Case Nos 3wes- 0014PLAINT FOR MONEY OWED AND FORECLOSURE OF LIEN Magnum Construction Company plaintiff by Rehbock i Rehboek its attorney for their causes of action against defendants states and alleges, as followss COUNT Is 1) Plaintiff is a duly registered and licensed contractor in the State of Alaska and fully authorized to construct and install steel buildings. 2) Plaintiff has paid its biennial corporation tax last due and has filed its biennial report for the last reporting period. 3) City of Kenai, one of the defendants, is a municipal corporation within and of the State of Alaska and is the owner or reputed owner of real property described as followss Lot 3A, Block 1, Spur Subdivision Number 1, according to Plat 83-211 Kenai Recording District, State of Alaska, Third Judicial District -i- %1, Orr rr H p�;1.l A �v d •i, n f *g"9*CK • Xt"90cot NINN II.I IM IIN• ..r M. N.M INII IIIINtW 111.I/I n, 4) Defendants Prod Paxton and Walter Church and P i W Corporation are the lessee from the City of Kenai of the above described real property for the purposes of the construction and operation of a Cowling alley facility located theroon. 5) Defendant Walter Church is a principal in P i W Development Corporation and on information and belief has a personal and individual interest in the leasehold estate above described and/or in the ownership or operation of said real property as a bowling alley facility. 6) Defendant Prod Paxton is a principal in said P i W Development Corporation and on information and belief has a personal and individual interest in the leasehold estate above described and/or in the ownership or operation of said real property as a bowling alley facility. 7) peninsula Savings and Loan Association is on information and belief a financial institution to be qualified as such within the State of Alaska and a lender of construction financing for the construction and/or operation of a bowling alley facility on the above described real property. It has boon named defendant in this complaint because it claims interests in the property as follows$ (a) Assignee of Lessee's interest under that certain leasehold between Lessor City of Kenai and Waiter C. Church and Fred Paxton, lessees for a 99 years term dated October 7, 1983, recorded October 26, 1983 bk. 221 p. 884 Kenai Recording District and as amended by document between said parties recorded January 28, 1985 bk. 254 P. 994 Kenai Recording District. (b) Deed of Trust from Walter C. Church and Fred C. Paxton, trustora to Cook Inlet Title Agency, Inc.* trustee for beneficiary Peninsula savings and Loan Association dated September 13, 1984 rec. September 17, 1984 bk. 246 P. 149 Kenai Rec. Distr. securing $500,000.00. -2- 1 r r 4 a E f 0 :f 4 Y a. � p`"� t[M/OCB • R[N�OGK ---i t/ INAI. .tfl l.Iff lffl 1 1 { i I i .. • _ r i ; t (a) Deed of Trust and Extension of Deed of Trust between the parties listed under (b) horeinabove dated May 13, 1985, zee. May 15, 1985 bk. 261 p• 164 Kenai Recording Dietz. securing 05000,000.00. 8) Four D. Interiors, the further identity of which is not at present known to the pleader, is named defendant in this action for any right or lien it may claim under notice of Right to lien recorded March 28, 1985 bk. 258 p. 128. 9) Range Rent -It Center, Inc. is named defendant in this action for its claims under lien for Labor and Materials against Walter C. Church and Fred Paxton recorded April 25, 1985 bk. 259 p. 815 for 011,377.41 plus late charges. 10) ANY Incorporated is named defendant in this action for claims or interests as foliowas (a) Financing statement covering personal property and fixtures on said property, designating for debtor F A W Development A General Contractor, Inc. filed April 30, 1985 UCC No. 85-004009 (AMP is secured party) and Financing Statement between same parties and same date, UCC no. 85-004010. (b) Land Contract Modification, Waiver and Consent between City of Kenai and Fred Paxton Walter C. Church and AMP too. April 30, 2985 bk. 260 p. 33. (e) Lease Modification, Waiver and Consent by and between Peninsula Savings and Loan and F A W Development, General Contractor, Inc., t/s Kenai Bowl and MIF Incorporated recorded April 30, 1985 in bk. 260 at p. 36. (d) Mortgage Trust Modification, Waiver and Consent by and between Peninsula Savings A Loan and F A W Development A General Contractors, Inc. t/s Kenai Bowl and AW incorporated recorded April 30, 1985 in book 260 page 39. (a) Mortgage / Trust Modification, Waiver and Consent by and between Small Business Administration and F A W Development i General Contractor, Inc., t/s Kenai Bowl andf AMP Incorporated recorded April 30, 1985 in bk. 260 p. 42. -3- N•, IY o I "Hit" RLRLOCR I.N..rw ..t 1ftMt.ft...M. ..MI elll," 11) p i W Development i General Contractor, Inc., is made defendant because it appears under such designation in documents of record. it is not known to pleader whether it is identical with the defendant P i w Development Corporation. If It is then said defendant has done business under similar names. 14a) small Business Administration, a United states agency is made defendant for such interest as appears under the aforesaid Mortgage modification. (b) Wilma Paxton and Gloria Church are made defendants herein, because they appear on financing documents in connection with these transactions and because they are the spouses of defendants.Pred Paxton and Walter Church respectively and may claim an interest in these properties. 13) P i w Development Corporation now possibly known as P i W Development i General Contractor, Inc., purporting to be a general contractor so licensed and qualified undertook ttp— construction of the bowling alley facility above alleged upon( the real property in the City of Kenai. In connection therewith said defendant contracted with plaintiff by written contract for construction which provided that said P i w Development as owner and general contractor agreed for the provision of labor and materials on the project by plaintiff as a subcontractor. A copy of said contract is annexed hereto as Exhibit 818 and incorporated herein by reference. 14) On or about June lot, 1984 plaintiff in accordance with said contract commenced performance under said contract. such services under said contract were provided from said date until and thru December Sth, 1984 in accordance with said contract and without interruption, work stoppage, delay or other default on the part of plaintiff. 15) On or around December 5th, 1984 the project completion was interrupted by a stop work order issued by the City of Kenai. It is alleged on information and belief that,- -4- r % til r fGNROGK R R{NWGR ....M..M I..M. NNI wn.Nnuw muu said stop work order was issued for the failures and defaults and errors of P i W Development as general contractor and owner of said project in failing to construct said building in accordance with the specifications of agrooment between the City of Ronal and P i W Development and in violation of the zoning covenants and ordinances of the City of Kenai. 16) on the 18th day of December 1904 for reasons of said work stoppage and in that said contract was at that time incomplete and that sums wore then owing for work at that time completed a claim of lion was recorded in the Kenai Recording District, state of Alaska,. Third Judicial District by nagnum Construction Company for the amounts and sums therein act forth. said claim of lion, or copy thereof, is in full and true conformity annexed bersto as Exhibit 029 to this complaint. 17) on January 2nd 1985 Magnum Construction Company released said lien and waived rights to claim lion for work then completed in exchange for consideration in hand paidl such that all obligations for payment of the contract to the amounts specified therein as completed in the lien claim annexed as Exhibit 920 ware therein extinguished and satisfied. In connection with this, however, the rights of the contract remained in force and effect and in connection with said release of Van rights and resumption of work upon said project the remainder and balance of contract to be completed was continued in full force and effect between the plaintiff and defendant P i W Development. 19) Under said resumption of contract plaintiff again did provide in accordance with said contract labor, services, and materials thru and until March 15th, 1985. 19) on or around March 15th, 1985 defendant P i W Corporation breached the above said contract with Magnum Construction Company by refusing to pay for labor, services and materials already rendered in an amount in excess of $38,275.001 -5- : - � 1 J ,� li 5 1[N/OCK / R[M/OCK .............. few. .I.... IN)i p.PUO. MHLI by bringing in other crews and persons to complete work contracted for with Magnum Construction Company and which Magnum Construction Company was prepared to and ready to perform] by ordering Magnum Construction Company to coase and desist construction on said alto; and by announcing and declaring that thu defendants would not at that time pay for and discharge the obligations to Magnum Construction Company for services rendered or to be renderod; and in such other and further manners as may at trial appear. 20) As a result of said breaches and defaults under the contract plaintiff Magnum Construction Company on the 26th of March 1985 recorded claim of lien in book 258 page 2 of the records of the Kenai Recording District, Third Judicial District, State of Alaska, and gave notice of said claim of lion to p i W Development Corporation and Peninsula Savings and Loan and the City of Kenai all in accordance with Alaska statutes pertaining thereto. Said claim of lion is in true and corroctr conformed copy annexed hereto and incorporated by reference as Exhibit 930 to this complaint. 21) On June Ili 1985 plaintiff caused to be recorded at book 263 page 226 a partial release and waiver of lien in connection with said claim of lien above described in consideration of paymentof a portion of the amounts subject to said lien. plaintiff does admit that the amounts therein released and for the consideration therein stated have boon paid and are no longer in dispute between the parties of this action. A true and conformed copy of said lien release is annexed hereto and incorporated by reference as Exhibit /40 to this complaint. 22) On or about May 30, 1985 P ` W Development Corporation paid to and made tender of sums in the amount of 05,018.00 to Magnum Construction Company in purported furtherance of agreement for further partial release of said -6- a - .r R[RROCR • RE048"K .Wi{.,. I./IMI/I.[.N.YI NN, E , 4 f ,LrJ` 7, I f L , I i lien claim and for further partial payment of monies owed under said contract and lien claim to plaintiff. Plaintiff agreed and does agree that said sums were to be distributed to such persons as were owed money by Magnum Construction Company as a result of this construction contract and the lien claim arising therefrom. P i W Development Company however, upon paying said sums attempted to attach an illegal and invalid condition that said sums not be distributed among such persons as were owed money in connection with said construction contract and lien not be paid in the manner that Magnum Construction Company saw fit among said potential claimants. Magnum Construction Company rejects and did reject said invalid and illegal further condition upon payment of existing agreement and holds said monies for its sole beneficial use provided however that said Magnum Construction agrees and did agree that said monies would be applied only to sums that become owing as a result of this construction project. 23) p i W Development Corporation is entitled to a further partial release of its lien in the amount of $5,018.00 at such time as it removes and withdraws the illegal and Improper additional conditions placed upon the distribution of funds unconditionally owing to Magnum Construction Company and provided however that Magnum Construction Company shall abide by Its original agreement and make payments from said sums to persons owed money in connection with this project. Such persons specifically include counsels for Magnum Construction Company. 24) The defendant P i w Development Corporation has failed to pay or satisfy the remaining balances under said claim of lien in the amount of 619,980.00 for services, material and labor already rendered as follows: (a) yor the services necesary to remobilize said _7. r =1 R[N/OCR R�MROCR .....r w r.N. Hw Ht .V�it I1. NNI r construction contract after job shut -down and pursuant to the implied agreement to pay same implied in fact and by law by virtue of the resumption of said contract and the provision of said services the sum of $4,500.00s (b) Pot labor furnished and the completion of steel erection in the amount of $15,480.001 (e) Additionally there is pursuant to said lien a claim in the amount of $400.00 for the filing of said lien as attorney fees together with legally allowable interest as will to the Court appear. 25) Pursuant to Alaska statute the total attorney fees, costs and interests incurred by Magnum Construction Company which at this time exceed substantially as will appear at trial, the amount stated in said lien as then incurred are all an element and item of said lien claim and are to be paid as though said amounts were specifically set out in said lien. 26) Each of the amounts claimed herein are for amountb unpaid due and owing to Magnum Construction Company and said labor material and services as specified have been fully provided to defendant. COUNT Its 1) Plaintiff re -alleges and incorporates by this reference all of the allegations contained in Count I above. 2) In addition to the services, material and labor already rendered under the written contract above described there remained on March 15, 1985 at the time that breach as alleged occurred to be performed by the plaintiff an additional component to this contract namely the ceiling insulation designated on the draw schedule as •ceiling Insulation' and provided for by said contract. 3) Magnum Construction Company was ready, willing and able at the time of said breach by defendant to perform completely and fully said contract and had begun expenditure o' -8- 1 �[M/OCK � w[rwocw n w .n.w s•r.rs costs to obtain the materials, labor and services necesary to complete under said contract. 4) Magnum Construction Company made repeated offer and demand to be permitted to complete the construction contract in accordance with the terms of said contract. 5) Defendant declined to permit Magnum Construction Company to complete said contract and did therein breach the contract for the provision of ceiling insulation and installation thereof in the amount of 515,552.00. 6) it is no longer feasible or possible for Magnum Construction Company to perform said contract in that on information and belief defendant has obtained other and ultimate persons to complete said work and in that the time and times in which Magnum Construction Company could hold itself available to perform said work have long since lapsed by virtue of defendants breaches and refusals to permit performance. COUNT IIls 1) Defendant did orally form a contract with Magnum Construction Company to pay the additional costs and expenses of Magnum Construction Company arising from the resumption of work after job shut -down and said costs and expenses were incurred by Magnum Construction Company for rentals, extra labor, office expenses and the like in an amount of more than $5,560.00 or as may appear at trial. 2) Magnum Construction Company plaintiff has made demand upon defendant for the payment of these damages and losses arising from remobiiization and in accordance with the oral promises and representations of the defendant. 3) Defendant has failed and refused to pay said sums or any part thereof. 4) The said above sums are due and owing under said contract. -9- I e , scN�ocK RCNsaK .w INII !/. •/II.../I.I/I COUNT" I V t 1) The allegations of Count III are herein incorporated and re -alleged. 2) In the alternative and without denying the existence of said oral contract it is alleged that there was implied in fact by virtue of the course of dealings and the nature of the contractual relationship and arrangements between plaintiff and defendant that upon the resumption of work and the provision of said labor, services and materials necessary to resume said work and in addition to those that were necessary to complete the contract prior to a job shut -down, that the defendant would pay the costs, expenses and damages of Magnum Construction Company incurred to resume said work. 3) Said contract implied in fact does exist and was breached by the defendant. 4) Demand has been made by the plaintiff for the payment of said sums under the implied in fact contractual relationship between plaintiff and defendant and such demands have been refused. 5) The amounts therein claimed are justly due and owing. COUNT Vs 1) The allegations of Count IV are herein incorporated and re-aiieged. 2) in the alternative, and without the negation of the allegations of Counts III and IV above, it is alleged that it is the obligation under law and implied in law that the defendant by virtue of its breaches of said construction contract is obligated to pay damages, costs and expenses of plaintiff Incurred in resuming work after said breach. 3) Said payments have been refused by defendant and said sums are justly due and owing to plaintiff. -10- 1 / i ,i ,t 1 I t 1 1 �S 1 t ' L i r1 1% y I k, I E � , a a.I u.I• I.11- II -.II WIII III 1..1/.../. MIY. IIIII IMII III /III V. III/1II COUVZ VI: 1) The allegations of previous Counts are herein incorporated and re -alleged. 2) Irrespective of the contractual arrangements between plaintiff and defendant, the plaintiff did provide valuable services to defendant at defendants request and behoot to the project above described. 3) Plaintiff has not been compensated in force for said valuable services. 4) The reasonable value of said services is $ in excess of the contract amounts and defendant has received benefit in -that amount from said services, materials and labor. S) The defendant is under a duty to pay in quantum meruit for the value of those services rendered with its consent, knowledge and understanding and acquesconae. COUNT V11s 1) The allegations of the previous Counts of this complaint are herein incorporated and re -alleged. 2) Defendants Waiter Church and Fred Paxton have by virtu* of their relationships to the defendant Corporation P i W Development and by virtue of their representations to be bound by the actions of said corporation and by virtue of their Intentional and willful failures as officers of said corporation to pay the lawful claims and demands of Magnum Construction Company and in such other manners as will further appear become and are personally liable jointly and severally with said corporation for all amounts owing to magnum Construction Company under sold contract. 3) Defendants Church and Paxton did willfully misrepr*sent the financial condition of cold defendant corporation P i w Development in obtaining the agreement of Magnum Construction to perform under paid contract. -11- U l TF I 4) Defendants Paxton and Church did willfully commit fraud upon plaintiff Magnum Construction Company by obtaining the extension of credit for materials and services and labor rendered knowing that and intending that payment would be withheld upon completion of said work. 5) Defendants Church and Paxton did willfully misrepresent the right of defendant P s W Development Corporation to undertake said project as owner and general contractor developer and did misrepreaent the obligations owing from said corporation and said individual defendants to the City of xenai and other persons. 6) As a result of such willful frauda and dofaicationa of individuals defendants Paxton and Church Magnum Construction Company has boon damaged in the amounts unpaid as hereinabove set forth in the complaint and further damaged by its loan of opportunity to perform other construction projects and make lawful profit thoroon, in a damage to its reputation and business and in scab other and further manners as may appear at trial all in sums by far exceeding $25,000.00 exclusive of costs, intoreato and attorney feea. 7) in that the actions of said defendants Church and Paxton were willfully false or in the alternative were done with reckless disregard for the rights of plaintiff Magnum Coiwtruativn Company the defendant should be aaaeaced and sanctioned by the imposition of punitive or exemplary damages in such amounts as may appear at trial or in the amount of 0100,000.00. 8) By virtue of the misrepresentations and defalcations of said individual defendants said individual defendants are and have become jointly and sevorally liable with defendant corporation for all suma remaining owing by virtue of R[N/OCx a NtNSOCK these Claims for relief. NMI. N M .MI. .N,(.....o......N -12- • v I ' '• I 4 �J 1901=2 • =.8"K /M . $1 ... W,/, .I. 1KIM/M[ I1.M1 .H.1 INq I� COUNT VIIIt 1) The aiiogations of the foregoing Cou;.:a are herein Incorporated and re -alleged. 2) in the alternative to the Counts above stated it is alleged that defendants Church and Paxton did misrepresent through negligence or gross -negligence each and every of the matters above set forth to the detriment and harm of Magnum Construction Company as above sot forth. WHEREFORE IT IS PRAYED as follnwss 1) That plaintiff have judgment against P i W Development Corporation for 019,980.00 arising from said claim of lien together with interest from March 15, 1984 at the rate of l0.s% per annum, recording fees, attorney fees, costs and interests incurred by plaintiff in pursuing this claim: that the interests of all parties hereto in said property be adjudicated and the priority of all such interests including liens be determined and that it be determined in connection therewith that said plaintiff Magnum Construction Company has a right of priority over other claimants in said property: 2) That plaintiffs lien on said property be foreclosed and the sale thereof be ordered to satisfy same: and that plaintiff be granted such other and further relief as to the Court may seem proper in the premises including additional awards of coats, interests and attorney fees allin connnection with said lien claim foreclosure action: 3) That plaintiff have judgment against Walter Church and Fred Paxton jointly and severally and jointly and severally for such defendants with F i W Development Corporation for each and every amount under said claim of lien in the amount of 019,990.00 together with the attorney fees, costs and interests as would be assessed against defendant F i W Development Corporation; -13- I 11 •CM�OCMO AiM/OCN ..tM.N. N.M. NNI IM/1./1.//I G. 1// •/1/ 4) That plaintiff under its claim under Count III have judgment against P i W Development Corporation, and against Walter Church and Fred Paxton jointly and severally in the cum Of $5,560.00 or as at trial will appear. 5) That the Court determine the wilifullness of the defendants Church and Paxton's micropresontationa and defalcations in this matter and order therefore that such judgment be considered a judgment antered by virtue of said willful financial dofaicationaj 6) That plaintiff have judgment against defendant F i W Development Corporation, Walter Church and Fred Paxton jointly and severally or individually as the case may appear for damages for the breach of said construction contract in the amount of 015,552.00 together with costs, intorosts and attorney feed 6) That the plaintiff have judgment against defendant P i W Development Corporation, Waiter Church and Fred Paxton jointly and severally or individually as the case may appear in the in excess of 625,000.00 and as at trial will appear for the damages for breach of contract incurred or in the alternative for damages for breach of contract implied in fact or implied in law or by virtue of quantum meruit relief for which plaintiff is entitled; 7) That plaintiff receive judgment against said defendants Walter Church and Fred Paxton individually, jointly and severally for punitive and exemplary damages for 0100,000.00 or as may appear at triaii 8) That plaintiff be granted such other and further relief as to the Court may seem proper in the premises. DATM This - Zday of du , 1985. 4/ Il Robert a oc a torne .Pgnum Count uction T_ NF-0 r N 5 ro� rlv/, n 4111 Aviation Drivo PARTA/ OF TRANSPORTATION AND PUBLIC FACILITIES P. O. Box 196900 Anchorago, Alaska 99519-6900 Fl�) CF�,VGRA[ ION-.; /VISION Of DESIGN AND CONSTRUCTION ( Tol ox 2 5 -18 5 ) ( 907 ) 266 -1621 1' :7 RIGHT Of WAY BRANCH l tr1 C�1Y tt1CiL �� September 12, 1985 �t E, �11s tivoiYs w �s Lit' Re: Project No. F-021-2 (12 ) Soldotna to Kenai it W���tO'lati. " Encroachment �/i r CERTIFIED MAIL NO. P540513351 Notice to Remove RETURN RECEIPT REQUESTED City of Kenai 210 Fidalgo Kenai, Alaska 99611 Gentlemens It has been determined that you have a sign which encroaches upon the highway right of way. The right of way in the area extends from the centerline of the road 100 feet to the side. Removal of the encroachments from the highway right of way must be on or before October 14, 1985. Moreover, you are hereby informed that any other encroachment placed upon the highway right of way will be impounded without any further notice. You will also be billed for all expenses incurred in the course of removal and storage of the encroachment. This letter is sent according to the previsions of Sections 19.25.220 through 19.25.250 of the Alaska Statutes, which became effective May 13, 1971. Failure on the part of the State of Alaska to strictly enforce this law may jeopardize the entire Federal -Aid Highway Program in the State of Alaska. A copy of the above referenced Alaska Statutes will be furnished upon your request, or you may pick up a copy at our address shown above. We will greatly appreciate your cooperation in this matter, if you have any questions or comments concerning this letter, please contact our agent, Mary Thurman at 266-1631. ncerely, i JAMES SANDBERG MTsbjs Chief Right of Way Agent 1. f` 1 ' 1 1� h LL CITY 4F KENAI August 10 1984 1110d Oaf" 4 4"00 210 FIOALGO KENAI, ALASKA 98611 `. T&PPHONS 283. MIS rrrl�rt: I 1 + Alaska Dept. of Envir. Conservation Attentions Gary Hayden, Director Facility Construction 6 Operation Pouch 0 Juneau, Alaska 99811 Res ADEC Grant Request Funds for FY 86 Door Mr. Haydens Please find enclosed the Alaska Department of Environmental Conservation Capital Budget Questionnaire forms for nine projects for which the City of Kenai is requesting the matching of 50 percent ADEC Municipal Grants. As I mentioned in a note in the forms for the Thompson Park Project and the Valhalla Heights Project, we are requesting a Federal EPA Grant for a Far East Kenai Interceptor Line from the end of our present sewer line to these subdivisions. We were told not to expect to receive the EPA Grant and were advised to apply for the funds through ADEC. The City of Kenai has appreciated the courteous, efficient, and expert handling of'our ADEC Grants by the ADEC Juneau office and hopes to continue this relationship. Please contact me at the above address or at 283-7535 should any further information be needed. Sincerely, elw,4� ellr4�41/ Keith Kornelis, Director Department of Public Works KK/jet Enclosures i T i lu i -�1 f i i FY 1986 ADEC GRANT PROJECT CAPITAL BUDGET QUESTIONNAIRE SUMMARY Priority Name of Project W S Est. L.F. Est. Population ADEC Funding Requested 1. Princess, Cinderella, McCollum, Aliak, Fox, Magic X X 19-9000 125 people $ 600,000 2. Thompson Park X 11,400 200 people 350,000 3. East Kenai Interceptor & Thompson Park Sewer Impr. X 24,600 250 people 1,083,000 4. Valhalla Heights X 10,000 150 people 300,000 5. East Kenai Interceptor b Valhalla Heights Sub. Sewer X 23,000 150 people 1,686,000 6. Spruce, Second, Third, Fifth X X 81000 30 people 300,000 7. Kenai Spur Water b Sewer Bore to Southwest Section 36 X X 400 — 50,000 S. N. Kenai Spur Water b Sewer — Wildwood to City Limits X X 9,200 15 structures 400,000 9. Spur Sewer Bore at Iliamna X 100 0 25,000 / P'g" — .9y ln�jzll> �ztawuc. ✓s t- I 77, _;.; C�A